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COBBETT'S 


COMPLETE    COLLECTION 


1 

OF 


State  Trials 


▲  KO 


PROCEEDINGS   FOR  HIGH  TREASON  AND  OTHER 

CRIMES  AND  MISDEMEANORS 


FROM  THB 


EARLIEST  PERIOD  TO  THE  PRESENT  TIME. 


VOL.    IXt 

COMPRISING    THE    PEEIOD 

FROM    THE    THIRTY-FOURTH    YEAR   OF   THE    REIGN   OF 

KING    CHARLES    THE    SECOND,    A.  D.    l682,    TO    THE 

THIRTY-SIXTH    YiSAR   OF   THE    SAID    REIGN, 

A.  D.    l684. 


LONDON: 

FftlNTtD  BY  T.  C.  HANSARD^   PETERBOROUGH-COUItTy  FLEET-STREET. 

1*UBLISHBI>   BT   B.  BAOSHAW,  BRYDGES*8TBBET»  COVENT-OARDEK  *,   AND  SOLD 

BT  J.  BUDD,  pall-mall;     J.    FAULDEB,    NEW-BOND-STRBET  ;     SHEBWOOD. 

«  MBBLT  AND  JONES,  PATEH-NOSTEH-BOW  S    BLACK,   PABBT  AND  KINOSBUBY, 

'LBADBNHALL-STfiEBT  ;   BELL  AND  BBADFUTB»  EDINBURGH  ;  AND  J.  ABCHEB, 

DUBLlW* 

1811. 


LI  BRA ffY  OF  THE 
LELAND  STANFORD  JR  UNIVERSE. 

^U6  21  ^900 


*   " 


TABLE   OF  CONTENTS 


TO 


VOLUME  IX. 


STATE  TRIALS  IN  THE  REIGN  OF 
KING  CHARLES  THE  SECOND. 

^  '  %*    7%#  new  Jriieles  fare  marked  [N.] 


S9.  The  Trial  of  Georgb  BoRopKY  alias  Boratzi,  Christopher 
Vratz,  Johk  Stern,  and  Charles  John  Count  Coninos- 
MARK,  at  the  Old  Bailey,  for  the  Murder  of  Thomas  Thynn, 
esq.  A.D.  1682   -        -        -        -        -     ^  -        -        .        -         1 

The  Last  Confession,  Prayers,  and  Meditations  of  Lieute- 
nant John  Ster^,  delivered  by  him  on  the  C»rt  imme- 
diately before  his  Execution,  to  Dr.  Burnet.  Tc^ether 
with  the  Last  Confession  of  George  Borosky,  [N.]         83 

Remarks  oh  the  Trial  of  Count  Coninosmark.  By  Sir 
John  Hawles,  3olicitor-General  in  the  Reign  of  King 
William  the  Third      -       -       -       .       •     ^  .       -136 

ft 

190.  The  Trial  of  Ford  Lord  Grey  of  Werk,  Robert  Charnock, 
Anne  Charnock,  David  Jones,*  Frances  Jones,  and  Re- 
BECCA  Jones,  at  the  KingVBench,  for  a  Misdemeanor,  in 
debauchiiig  the  Lady  Henrietta  Berkeley,  DaMghter  of  ihe 
Earl  of  Berkeley,  A.  D.  1682       -        -        *        -       >-     -    127 

91.  The  Trial  of  Thomas  Pilkinoton,  esq.  Samuel  ^hute,  Mf{. 
Sherifby  Henry  Cornish,  Alderman,  Forp  Lpv^  Gbb¥  of 


« 


/ 


TABLE  OF  CONTENTS. 

Werk,  Sir  Thomas  Player,  knt.  Chamberlain  of  London, 
Slinqspy  Bethel,  esq.  Francis  Jenks;  John  Deagl^, 

RlCHARp  FRKEMAFy   RlGH4UD  GQQPENOUaQ,  ROBERT  KeY, 

John  Wickham,  Samuel  Swinock,  John  Jekyll,  Senior, 
at  Nisi  Prius  at  the  Guildhall  of  London,  for  a  Riot,  and  an 
Assault  and  Battery  on  Sir  John  Moore,  then  Lord  Mayor, 
A.D.  1683 18' 

*  w 

axi2.  The  Trial  of  Sir  Patience  Ward,  knt.  at  the  King's-beuch, 
for  Perjury  at  the  Trial  between  the  JDuke  of  York,  Plaintiff, 
and  Thomas  Pilkington,  esq  Defendant,  on  an  Action  upon 
the  StsfeutQ  De  Scandalis  Magnetum^  a.  D^  1^83  -        ^       -     29! 

V 

293.  Proceedings  against  Mr.  Benjamin  Leech,  Bricklayer,  at  the 
Old  Bailey,  for  a  Contempt,  m  offering  a  frivolous  Plea  to 
the  Court,  A.D.  IGdZ  «        ^       ^       .        .        -        .     35! 


\ 


« 

294.  ^  Introduction  to  the  Trials  tor  the  Rye-House  Plot  : 

containing  the  Original  Informations  respecting  that  Con- 
spiracy, as  they  were  published  by  Jame3  the  Second,  a.d. 
1683  [N.] -        -        -        -     35J 

295.  The  Trial  of  Captain  Thomas  Walcot,  at  the  Old  Bailey,  for 

High  Treason,  A,  D.  1683   -        -        -        -    >    -        -        -     51J 

•  « 

296.  The  Trial  of  Willum  Hone,  at  the  Old  Bailey,  for  High 

Treason,  A.D.  1683    -        -        -        --        -        -        -57 


297.    The  Trial  of  Willllm  Lord  Russell,  ai  the  Oki  Bail«y»  for 

High  Treason,  a.  D«  1683  *        -        -        «        **       «*        -     51 

•  '  .  ... 

299-    7he  Trial  of  John  Rokm;  «l.tb«  Old  Beiley,  for  High  IVea- 

son,  A.D.  16;(3  -        -   '     -        -        '        .     ^'.  '      .        -     63 

299.    TTke  Trial  pi  Wiluaii  Blaque,  al  tfie  Old  Bailey,  for  High 

\TiMBOPk  A.  Bi.  1<8»  ..       -        .^ 65 


TA1IL£  OP  CONTEMT& 

TIm  Cass  oXyruMlM  Lwd  RumuL)  4ih'M  farHigii  Trea. 
BdB^Jtily  13>A.xi.d668       ^        .-«...    695 

An  Aktibote  against  Poison  :  Composed  of  fiome  Re- 
flBCifcs  'U|>oB  the  PaMR  pmtsd  4ry  the  Cveetren  of  the 
tmAy  RHfiseU)  uA  mentioDed  to  Ikhw  beeu  delivered  by 
;tbe  Lord  Russell  to ihe  Sberiffii  at  the  IHace  4d  his  Exe. 
cutim. .  By  Sir  BARTH0L6AIEW  Showee     -       -       -    710 

A  IteFlsNCE  of  the  lat^  Lo»d  JituflteLL?s  broocency.  To 
ivhich  are  pvefiked  two  Letlen  upon  the  Subject  of  his 
Lordship's  Trial.    By  Sir  Robjhit  Atkyns,  K,  B.         -    719 

ThB  MAGiOTHACY  iiMt>  OOVKIIKMENT  'Of  EllOLANl^  VfNlM. 

CATBD :  Id  Three  Parts.    Coivtaitiitig,  L  A  JiMtification 
of  the  English  Method  of  Pnooeednigs  against  Criminals, 
&c.     IL  An  Answer  to  several  Replies,  &c.     III.  Seve- 
ral Reasons  for  a  general  Act  of  iBdefloaity*    By  0ir  •. 
Bartholomew  Shower      ^       -       -       -       «.        .    742 

A  Second  Vindication  of  the  Magistracy  and  Go- 
TBimiEHT  ^  Emglamd,  by  way  of  Answer  to  the  sere- 

T«l  RepUefit)  tic  -        -        -        -        «        .        *        -    755 

TfljE  Tumid  and  Last  Part  op  the  Magistracy  awd  Go- 

VERN^ENT   OF  ENGLAND   VINDICATED,  with  ReaflOnS  for 

a  general  Act  of  Indemiuty,  &c.   *        -        -        i-        -    771 

« 

The  Lord  Rusbbll^  biNOCiLircY  farther  defended ;  in 
aaswer  to  Tb^  Magistracy  ahd  Government  of  England 
vindicated  -----*.•--»  783 

■ 

Remarks  on  the  Lord  Russell's  Trial.  By  Sir  John 
Ba<WL8s,  lMicit<»  General  in  the  Reigu  of  WHliam  Itl.     794 


300.    The  Trial  of  Cokiiiel  ALGEauKHi  Sidney,  at  the  KiogVBencb, 

fer  High  Treason,  A.  D.ieSi     *       •       ^       «        .       .    818 

Report  made  to  the  House  of  Lords,  on  the  20th  of 
December  1689,  from  the  Committee  for  Inspec 
tioN  of  Ex^iMlNATiONS,  cooceming  the  Murders  of 
Lord  Russell,  Colonel  Sydney,  iSir  T.  Armstrong,  and 
Mr.  Cornish:  the  Advisers  of  Qno  Warranto,  and  the 
Advisers  of  the  Dispensing  Power^  [[N.]      -       *     '  -    952 


^     / 


TABLE  OF  CONTENTS. 

Pag 
Remarks  oi>  Colonel  AtoERNOM  Sidney's  Trial.     By 

John  Hawles,  Solicitor  General  in  the  Reigu  of 

liam  the  Third .'        -  •  991 

Historical  Paeti(;ulars,  relative  to  the  Proceeding;* 
against  Persons  accused  of  Participation  in  the  Rye« 
House  Conspiracy,  and  other  treasonable  Designs  about 
this  Period.  [Now  first  printed  froM  the  MS.  ^^  Brief 
Historical  Relation/*  £Cc.  of  Narcissus  Luttrell^  in  the 
Library  of  All  Souls'  College,  Oxford]  -  [N.]     .         -  iOOJ 

301*    Trial  of  LowRiE  or  Weir»  of  Blacrwood,  for   Treason,     . 

A.D.  >683.    [Now  first  printed  from  the  MS.  Records 
of  the  Court  of  Justiciary  of  Scotland]  -  [N«]       -         -  1022 

302.  "fhe  Trial  of  John  Hampden,  esq.  at  the  King's-Bench,  for  a 

High  Misdemeanor,  a.  d.  1684  .   '     *     '  .        .        .         .  I054 

303.  The  Trial  of  Laurence  Braddon  and  Hugh  Speke,  at  the 

King's-Bench,  for'a  Misdemeanor,  in  suborning  Witnesses  , 
to  prove  the  Earl  of  Essex  was  murdered  by  his  Keepers, 
A.D,  1684-        -. 1127 

Bishop  Burnet's  late  History  charged  with  great  Partiality 
and  Misrepresentations,  to  make  the  present  and  future 
Ages  beUeve,  that  Arthur  Earl  of  Essex,  in  1683,  mur- 
dered himself,  {^N.]    -        -        -        -        -        .        -  1230 


\ 


304.    The  Trial  of  Sir  Samuei^  Barnarbiston,  bart.  at  Nisi  Prius  at 

the  Guildhall  of  London,  for  a  High  Misdemeanor,  A.  D.  1684  1334 

Proceedings  upon  a  Motion  in  arrest  of  Judgment  in  the 
Case  of  the  King  against  Sir  Samuel  Barnardutton, 
bart.  [Now  first  printefd  from  the  MS.  of  Sir  William 
Williams,  communicated^ for  this  Work,  A.D*  1811, 
by  his  descendant  Mr.  Charles  Watkin  WiBiams 
Wynn)  .  [N.] 

COBBETTS 


COBBETT'S 

COMPLETE    COLLECTION 


OF 


State   Trials. 


X  UEIRE  having' been  an  Indictment  fonnd 
at  Hicks's  hall  by  the  grand-jury  for  the  coun- 
ty of  Middlesex  against  Charles- Creorge  Bo- 
roaky,  Christopher  Vratz,  and  John  ^em,  for 
murdering*  Thomas  Thynn,  esq.  $  and  against 

*  The  Issacbar  of  **  Absalom  and  Achito- 
phel,"  in  which  poem,  Dryden,  describing  the 
lespect  and  favour  with  which  Monmouth  was 
received  upon  his  progress  in  the  year  1681, 
says, 

*<  hospitable  treats  did  most  commend 

**  Wise  Issachar,  his  wealthy  Western  friend." 

Sir  John  Reresby,  in  his  Memoirs,  p.  135, 
relates  the  following  particulars  of  this  busi- 


289.  The  Trial  of  George  Bobosky  alias  Boratzi,  Christopher 
Vratz,  John  Stern,  and  Charles  John  Count  Conings- 
MARK,  at  the  Old-Bailey,  for  the  Murder  of  Thomas  Thynn,* 
esq.   34  Charles  II.  a.  d.   1682. 

Charies  John  Count  Couingsroark,  as  acces- 
saiT  before  the  ftu;t,  the  said  [lersons  being 
in  Newgate,  were  brought  to  the  bar  to  be  ar- 
raigned and  tried  :  And  they  being  foreigners, 
an  interpreter  was  sworn  to  acquaint  them,  in  a 

come  to  him  at  Mr.  Thynn's  lodging,  sending 
his  coach  for  me,  which  1  made  use  of  accord^ 
ingly.     I  there  ibund  his  grace  surrounded 
with  several  lords  and  gentlemen,  Blr.  Thynn *s 
friends,  and   Mr.   Thynn    himself  mortally 
wounded  with  five  shot  from  a  blunderbuss. 
I  on  the  spot  granted  several  warrants  against 
persons  susp^ted  to  have  had  a  hand  therein, 
and  that  night  gfot  some  intelligence  concern- 
ing the  actors  themselves.    At  length,  by  the 
inrormation  of  a  chairman,  who  nad  carried 
one  of  the  niiiians  from  his  lodging  at  West- 
minster to  the  Black  Boll,  there  to  take  horse, 
and  bv  means  of  a  loose  woman,  who  used  t» 
visit  tbe  same  person,  the  constables  found  out 
the  place  of  his  abode,  and  there  took  his  man, 
by  nation  a  Swede,  who  being  brought  befbra 
me,  confessed  hiinfidf  a  servant  to  a  Gennaii 
captain,  who  had  told  him  he  hadaouarrel  . 
with  Mr.  Thynn,  and  had  often  ordered  him  to 
watch  bis  ooaeh;  and  that  particulariy  that- 
day  tlie  captain  no  sooner  understood  .the  coach 
to  be  gone  by,  than  he  booted  himse)f,  and 
with  two  others,  a  Swedish  lieutenant  and  a 
Pole,  went  on  horsetiack,  as  he  supposed  ia 
quest  of  Mr.  Thynn.    By  the  same  servant  I 
abo  understood  where  possibly  the  captain  ancl 
bis  two  companions  were  to  be  found;  and 
having  with  the  duke  of  Monmouth,  lord  Mor- 
daiint  and  others,  searched  several  houses^  aa 
he  directed  us,  till  six  in  the  roaming,  and 
having  been  in  close  pursuit  all  night,  I  per- 
sonally took  the  captain  in  the  house  of  a 
Swedish  doctor  in  Leicester-fields.     I  w«Qt 
first  ipto  his  room,  followed  by  lord  Mord*iuit> 


^*  At  this  time  was  perpetrated  the  most  bar- 
barofus  and  aodacious  murder  that  had  almost 
ever  been  heaid-of  in  Engluid.  Mr.  Thynn, 
a  gCTtleoSan  of  9,000/.  per  ann.  and  lately 
married  to  lady  Ogle,  (who,  repenting  herself 
of  the  match,  fled  firom  him  into  HoUaiid  be- 
fore ihey  were  bedded),  was  set  upon  by  three 
ruffians,  who  shot  him  as  he  was  going  along 
,  the  stTpet  hi  hia  eoach.  Thb  imhappy  gende- 
man  being  much  engaged  in  the  duke  of  Mon- 
mooth's  cause,  it  was  feared  that  party  might 
pot  some  violent  construction  on  this  accident, 
the  actors  therein  making  their  escape  just  for 
the  time,  and  being  unknowq.  I  happened  to 
be  at  court  that  evemng,  when  tlie  king,  hear- 
ing the  ne\TS,  seemec^  greatly  concerned  at  it, 
not  only  for  the  horror  ot  the  action  itself, 
(which  waft  shoddng  to  his  natural  dispositioD) 
but  also  for  fisar  the  turn  the  anti-court  party 
might  give  thereto.  I  left  the  court,  and  was 
just  string  into  bed,  when  Mr.  Thynn's  gen- 
tleman came  to  me  to  grant  him  an  Hue  and 
%  and  immediately  at  his  heels  comes  the 

te  of  MowMmth's  page,  to  d«ar»  ma  to 

TOL.  IX. 


B 


3]       STATE  TRULS,  34  Chakles  n.  l6S2.—TVwl  of  CmU  Cotnngmark      t* 

laiigua|;e  they  underatood,   what  they  were 
accused  of. 

Clerk  of  the  Crown,  Charles  Boroaky,  hold 
up  tliy  haiid.  (Which  he  did.)  Christopher 
Vratz,  hold  up  thy  hand. .  (Which  he  did.) 
John  Stem,  hold  up  thy  hand.  (Which  he 
did.^  Charles  John  ConingBniark,  hold  up 
thy  liand.    (Which  he  did.) 


You  stand  indicted  in  the  county  of  Mid< 
dlrsez  hy  iho  names  of  Charles  George  Bo- 

"ivhere  I  found  him  in  hed,  with  his  sword  aft 
some  distance  from  him  on  the  tahle;  his 
weapon  I  in  the  fyst  place  secared,  and  then 
hU  person,  committing  him  to  two  constables. 
I  wondered  he  should  make  so  tame  a  sub- 
mission ;  for  he  was  certainly  a  man  of  great 
courage,  and  appeared  quite  unconcerned  from 
the  very  begiunmg^,  though  he  was  yer]^  cer- 
tain he  should  be  found  Die  chief  actor  in  the 
tragedy.    This  gentleman  had,  not  long  be- 
fore, commanded  the  forlorn  hope,  at  the  siege 
at  Mens,  whoi  but  two,  besides  himsdf,  of 
50  under  his  oonunand^  esca]^  with  Ufe ;  and, 
in  consideration  of  this  service,  the  prince  of 
Orange  made  him  a  lieutenant  of  his  Guards, 
and,  in  reward  for  the  same,  the   king  of 
Sweden  gave  him  a  troop  of  horse :  but,  to  in- 
sist no  farther  on  this,  his  two  accomplices  al^ 
were  taken,  and  brought  to  my  house ;  where,  I 
before  I  could  finish  the  several  examinations  I 
had  to  go  through,  the  king  sent  for  me  to  at- 
tend him  in  council,  for  that  purpose,  with  the 
prisoners  and  papers.    His  majesty  ordered 
me  to  give  him  an  account  of  tlie  proceedings 
hitherto,  as  well  with  regard  to  the  ap^nrehend- 
tng  of  the  prisoners,  as  tneir  examination,  and 
then  examined  them  himself  $  and  when  the 
council  rosoy  ordered  me  to  put  every  thing 
hito  writing,  and  in  form,  against  the  trUl ; 
which  took  me  up  a  great  part  of  the  day, 
though  I  had  got  one  of  Uie  clerks  of  the 
council,  and  another  justice  of  the  peace  to 
assist  me,  both  for  the  aakettf  dinpatch  and  my 
own  security,  the  nicety  of  the  amdr  requiring 
it,  as  will,  in  the  sequel;  appear. 

**  The  council  met  again,  among  other 
things,  to  examine  the  governor  of  young 
count  Coningsmark,  a  vonng  gentleman  then 
in  Mr.  Foiibert*s  acaUemv  in  London,  and 
supposed  to  be  privy  to  tne  murder.  Upon 
this  occasion,  the  king  sent  for  me,  to  attend 
.  in  counqi],  where  the  said  governor  confessing. 
That  the  eldest  count  Coningsmark,  (who  had 
been  in  England  some  months  before,  and 
made  his  addresses  to  the  lady  who  so  unfor- 
tunately married  Mr.  TUynn)  arrived  incognito 
ten  davs  before  the  said  murder,  and  lay  dis- 
^isedtiO  it  was  committed,  gave  great  cause 
to  sumct  that  the  count  was  at  the  bottom  of 
tills  bloody  affair ;  and  his  majesty  ordered  me 
thereupon  to  go  and  search  his  loclgingB,  which 
i  did  with  two  constables,  but  the  bird  was 
flown ;  he  went  away  betimes  in  the  morning 
of  the  day  after  ^e  deed  waa  perpetrated; 
ot  which  I  inunediately  gare  tka  king  an  ac- 


rodcy,  late  of  the  parish  of  St  Martm's  in 
Fields,  ifli  the  county  of  Middlesex,  labourer  $ 
ocbcnvise  called  George  Boratzi,  of  the  nmintm 
parish  and  county,  labourer;  Chriatopher 
Vratz  of  the  same  parish  and  county,  gentle— 
man ;  John  Stem  of  the  same  pariai  and 
county,  gentleman;  and  Charles  John  Co— 
ningsiiian:,  of  the  same  pariah  and  county, 
esq. ;  otherwise  called  John  Coningsmark,  uT 
the  same  parish-  and  county,  esq. :  For  ihmM 

"  I  severs)  times  afierwaids  intended  on'  th« 
king,  both  in  private  and  io  council,  from  timm  , 
to  tune  to  give  him  information,  as  fresh  matter 
occurred,  or  appeared ;  and  upon  the  whole  it 
was  discovered,  )>artly  by  the  confession  o^ 
the  parties  concerned,  and  partly  by  the  infor- 
mation of  others,  that  the  German  captain  had 
been  for  eight  years  an  intimate  with  count 
Coningsmark,  one  of  the  greatest  men  in  th« 
kingdom  of  Sweden,  his  uncle  being  at  thai 
time  ^vemor  of  Pomerania,  and  near  upon 
marryun^  the  king's  aunt ;  and  tkioreover  that 
during  the  time  'he  was  in  England  before,  hm 
had  made  his  addresses  to  lady  Ogle,  the  only 
daughter  and  heiress  of  the  earl  of  Northum- 
berland, who  had  been  married  to  the  deceased 
Mr.  Thynn,  and  that  the  said  count  had  resent-, 
ed  something  as  an  afiront  from  Mr.  Thynn  z 
That  the  captain,  moved  thereto  out  of  puro^ 
friendship  to  the  count,  (though  not  at  all  with 
his  privity,  as  pretended,)  had  determined 
withm  himself  to  revenge  his  cause,  and  that 
in  consequence  of  such  his  resolution  the 
murder  luppened :  It  appeared  also  that  such 
his  cruel  design  was  furtnered  by  the  assist*^ 
ance  of  the  Swedish  lieutenant,  and  the  Pole, 
who  had  been  by  him  obliged  to  discharge  th» 
blunderbuss  into  the  coach.  I  was  extremely^ 
glad  that  in  this  whole  business  there  was  no 
English  person  directly  or  inducctly  ooBcem* 
ed ;  for  the  fanatics  had  buazed  it  about  tbae 
the  design  was  chiefly  against  the  duke  oC 
Momnoudi ;  so  that  1  had  the  king's  thanks 
more  than  once,  the  thanks  of  my  lord  Halli* 
fax  and  several  others,  for  my  diligence  in 
tracing-out  the  true  springs  and  motives  of 
this  horrid  action,  as  wdl  as  the  actors  them* 
selves.  The  duke  of  Monmouth  had  been  o\A 
of  the  coach  above  an  hour ;  and,  by  the  con- 
fession of  the  criminals,  1  found  Uiey  were  not 
to  have  made  the  attempt  if  his  grace  had  bee% 
with  Mr.  Thynn. 

*'  Mean  while  it  was  suspected  that  count  Co* 
ningsmark  was  still  in  the  kingdom;  and 
sean:h  being  made  after  him,  he  was  met  with 
alone  in  die^uise  at  Gravesend,  bv  a  servant  of 
the  duke  of  Monmouth's  just  as  he  was  step* 
ping  out  of  a  sculler,  intending  the  very  next 
d9y  to  embark  on  board  of  a  Swedish  ship. 
Being  brought  up  to  town,  the  king  imme- 
diatelVcaU«l  an  extraordinary  councu  toexa- 
nnnehim.  I  was  present  upon  this  oecas^, 
and  observed  that  he  appeareu  before  the  kmg 
with  all  the  assurance  imi^nable.  He  was' 
a  fine  person  of  a  man,  imd  I  t^ink  his  hvr 
wta  thftJwjgnrt  I  trrer  saw.    Ha  was  to^ 


^         STATE  TEIALS,  34  Charles  IL  IffSf ••^Hmrf  oihtnjw  Mvrier. 


vm  tlie  md  Cbuies  George  Boi-oeky  alias 
Mrata,  Ckristophcr  Vratz,  and  John  8tern, 
Ml  httfiB^  €M  before  roar  ejres,  but  be- 
■g  motel  aad  aeduoed  by  the  inatigatioa  of 
Ik  dev3,  upon  the  IStii  day  of  Febniary,  in 
the  34lfa  year  of  the  reign  of  oar  aoTereign 
hfd  king  Chajdea  the  second,  with  foree  and 
mam  in  the  pariah  of  8t  Martin's  in  the  Fields 


of  paits ;  hot  his  examinarion  iras  Tery 
i,  'for  whieh  reason  he  was  by  the 
ting  and  oDODcil  ordoied  to  be,  the  same  day, 
fiaminfd  by  the  kml  chief  justiee,  the  at- 
lOfBey  general,  and  myself;  bat  he  confessed 
Bodiiag  of  the  maimer,  preteodios  the  reason 
vfay  he  fay  at  this  time  concealed,  to  be  that 
be  wnB  then  under  core  for  a  small  venereal  dis- 
nier,  and  did  not  care  to  i4)pear  in  public,  till 
die  eoarae  of  his  prescription  was  over ;  and 
dMt  his  going  away  in  disguise  after  the  fact 
vaa  committed,  was  by  the  adrice  of  friends, 
tIio  told  him  it  would  re6ect  on  him  should  it' 
be  known  be  was  in  Engbmd,  when  an  intimate 
«f  bis  laboured  under  ao  riolent  a  suspicion  of 
hmne  commitled  so  black  a  deed ;  and  that 
be  enaeaToured  to  naake  his  escape,  not  know- 
ing bow  far  the  laws  of  this  land  mijzfat,  for 
that  very  reason,  inrolre  him  in  the  gntlt.  But, 
being  at  the  king's  couchee  the  night  afler,  1 
peroeivedby  his  majesty's  discourse  that  he 
vaa  willii^  the  count  should  get  oflT. 

**"  A  fem  dm  afteiwards,  Blons.  Foubert  who 
kept  the  tiaJusmj  in  London,  came  and  desired 
lie  to  pot  him  m  a  way  how  to  save  count 
Coningamark'slife,  insinuating  tome,  that,  as 
be  was  a  man  of  vast  fortune,  he  could  not 
wake  a  better  use  of  it  than  to  support  his  own 
iaaooeBoe,  and  riueld  himsdf  from  the  edge  of 
the  bw,  in  a  strange  country.  I  told  him,  that 
if  theeoont  was  really  innocent,  the  law  would 
nataially  acquit  him,  as  much,  though  a  fb- 
nigMr,  as  if. he  was  a  native;  but  that  he 
ooght  to  be  canlioas  how  he  made  any  oflSers  to 
pervert  instiee;  far  that  it  were  to  make  ail 
menaf  VoBonr  his  enemies,  instead  of  gaining 
them  to  be  his  friends.  This  was  one  of  the 
first  bribes  of  ndne  ever  offered  to  me,  which 
I  vugbt  httfe  aoeejted  without  any  danger  of 
disoMry,  and  without  doing  much  n>r  it: 
But  my  opinion  kaa  always  been  that  what  is 
so  aofoired  is  np  addition  to  our  store,  but 
lather  the  cause  of  its  waste,  aocordmg  to  the 
si^iDg,  *  Male  partamale  dibibuntur ;'  1  there- 
6n  refected  tins  now,  as  I  had  done  others  be- 
Isie,  and  as  I  hope  I  shall  always  do  for  the 
time  to  come. 

^  Bills  being  found  atHkk^  haSagainst  the 
Ikae  norderers  of  Mr.  Thynn,^  as'  principal. 
ind  affainst  the  count  as  aceessary  ;  they  the 
BflHoay  made  theit  appearance  at  the  Old 
Bafli^,  where  after  a  tnal  which  lasted  from 
nine  m  the  monung  to  five  in  the  afternoon, 
sad  a  very  vlgoreus  prosecution  on  the  part  of 
Hi.  Tkynn'a  rdatkinsy  the  three  were  brought 
ingoil^aapriBGipalB,  and  the  count  by  the 
suae  j«ya0i|aittedaa  not  accessary  ;  itbeinjg 
*  per  JMMatcni  liagiM,' aooorting  to  the  pn- 


[6 

in  the  county  of  Bfiddlcsex  aforesaid,  in  and 
upon  Thomas  Vbynn,  esq. ;  in  the  peace  of 
CkMl,  and  ovnr  saui  sovereign  lord  the  king, 
then  and  there  being,  feloniously,  wilfnlly,  and 
of  your  malice  aforethought,  di4  make  an  asi- 
sault.  And  that  thou  the  said  George  Borosky 
alias  Boratzi,  a  certain  blunderbuss  of  the 
value  of  five  shillings,  the  said  blunderhosi 
being  then  charge-* '—•  <mder,  and  four 

leaden  bullets ;  whicM  sau.  jlunderbuss  thou 
the  said  George  Borosky  alias  Boratzi  in  both 
thy  hands  so  as  aforesaid,  loaden  to  and  against 
the  sud  Thomas  Thynn  then  and  there  hadst 
and  boldest  And  that  thou  the  aforesaid 
George  Borosky  alias  Boratzi,  knowing  the 
blunderbuss  aforesaid,  to  be  so  as  aforesaid, 
chaigedwith  grunpowder  and  leaden  bullets, 
to  and  agamst  the  said  Thomas  Thynn  then 
and  there,  with  force  of  arms,  fefoniouslv, 
wilfully,  and  of  thy  malice  aforethought,  didst 
discharge  and  shoot  oft  And  that  thou  the 
said  George  Borosky  alias  Boratzi,  with  the 
said  leaden  bullets  shot  and  sent  out  of  the 
blunderbuss  aforesaid,  by  the  violence  and 
force  of  the  gunpowder  aforesaid:  And  by 
thee  the  said  George  Borosky  alias  Boratzi  so 
as  aforesaid  discharged  and  shot  off,  the  said 
lliomas  Thynn  in  and  upon  the  right-side  of 
the  body  of^the  said  Thomas  Thynn,  near  the 
short  ribbs  of  the  right  side  of  the  body  of  tha 
said  Thomas  Thynn.  then  and  there  felonious- 
ly, wilfully,  and  of  thy  malice  aforethought 
didst  strike  and  wound ;  giving  unto  him  the 
the  said  Thomas  Thynn  then  and  there  with 
the  leaden  bullets  aforesaid,  so  as  aforesaid 
shot  and  sent  out  of  the  hiunderi>uss  aforesaid 
by  fhrce  and  violaice  of  the  gfunpowder  afore- 
said, by  thee  the  said  George  Borosky  alias 
Boratzi,  so  as  aforesaid  dischai'ged  and  sent 
out,  in  and  upon  the  right  side  of  the  body  of 
him  the  said  Thomas  Thynn,  near  the  short 
ribs,  on  the  right  side  of  him  the  said  Thomas 
Thynn  four  mortal  wounds,  every  one  of  them 
of  the  breaddi  of  one  inch,  and  of  the  depth  of 
six  inches ;  of  which  said  mortal  wounus,  he 

vilege  of  stranfi«rs.  I  was  the  first  that  car- 
ried the  news  of  this  to  the  king,  who  seemed 
to  be  not  at  all  displeased  at  it ;  but  the  duke  of 
Monmouth's  party,  (who  all  appeared  to  add 
wdght  to  the  prosecution,)  were  extremely 
dissatisfied  that  the  count  had  so  escaped. 

•*  The  captain,  and  the  other  two  his  ac- 
complices in  the  murder  of  Mr.  Thynn,  were, 
pursuant  to  their  sentence,  hanged  in  the  street 
where  they  had  perpetrated  the  crime.  The 
captain  died  without  any  th^  least  symptom  of 
fear,  or  offering  at  the  least  glance  of  reflection 
on  count  Coningsmark ;  and  seeing  me  in  my 
coach  88  be  passed  by  in  the  cart,  he  made  a 
bow  to  me  with  the  most  steady  countenance, 
as  he  did  to  several  of  the  spectators  he  knew, 
before  he  was  turned  off;  in  shoi-t,  hia  whole 
oarriage,  from  the  first  moment  he  was  appro* 
hend^,  to  die  last  that  he  resi^rned  his  breath, 
savoured  much  of  gaOantry,  but  not  at  all  of 
religion*" 


7  ]        STATE  TRIALS,  54  Otf  ablks  II.  l682^7rk/  of  Onmi  Cminguwk       [8 


Ihe  said  Thomas  Thynn  from  the  said  IStb 
day  of  Febroaiy  in  the  d4th  ^ear  aforesaid, 
unto  the  13th  day  of  the  same  month  of  Fe- 
buuary,  at  the  parish  of  St.  Martinis  in  the 
Fields  aforesaid,  did  iangaish  and  lived  lan- 
guishing :  On  which  said  13th  day  of  Febru- 
ary, in  34th  year  aforesaid,  he  tne  said  Tho- 
mas Thynn  at  the  narish  of  St.  Martin's  in  the 
Fields  aforesaid,  of  the  mortal  wounds  so  as 
aforesaid  given,  died.  And  that  you  the  said 
Christopher  Vratz  and  John  Stem,  then,  that 
is  to  say  at  the  time  of  the  felony  and  murder 
aforesaid,  by  the  said  George  Borosky  alias 
Boratzi ;  so  as  aforesaid  feloniously,  wilfiill^, 
and  of  malice  aforethought,  done  and  commit- 
ted, th^n  and  there  feloniously,  wilfully,  and 
of  your  malice  aforethought,  b^  force  and 
arms  were  present,  aiding,  comforting,  abet- 
ting, assisting  and  maintaining  the  saidGeorge 
Borosky  alias  Boratzi,  the  raony  and  murder 
aforesaid  foloniously,  wilfully,  and  of  his  ma- 
lice aforethought,  to  do  and  commit.  And  so 
you  the  said  George  Borosky,  alias  Boratzi, 
Christopher  Vrats  and  John  Stem,  the  said 
Thomas  Thynn  in  manner  and  form  aforesaid, 
feloniously,  wilfully,  and  of  your  malice  afore- 
thought didst  kill  and  morder,  against  the 
peace  of  our  sovereign  lord  the  king,  his  crown 
and  dignity.  An'i  that  thou  the  said  Charles 
John  Coningsmark  before  the  felony  and.  mur- 
der aforefaid,  by  the  said  George  Borosky 
alias  Boratsi,  Christopher  Vratz  and  John 
Stern  in  manner  and  form  aforesaid,  felonious- 
ly, wilfully,  and  of  their  malice  aforethought, 
done  and  committed,  to  wit,  the  said  12th  day 
of  February,  in  the  34th  year  aforesaid,  at  the 
parish  of  St  Martin's  in  the  Fields  aforesaid, 
them  the  said  Geoige  Borosky  alias  Boratzi, 
Christopher  Vratz  and  John  l^rn  the  felony 
and  murder  aforesaid,  in  manner  and  form 
afoi'esaid  feloniously,  to  do  and  commit,  felo- 
nlouslv,.  wilfully,  and  of  thy  malice  afore- 
.thought,  didst  stir  up,  counsel,  persuade  and 
procure  against  the  peace  of  our  sovereign 
lord  the  king,  his  crown  and  dignity." 

L.  C  J.  ^Sir  Francis  Pemberton.)  VFhy  you 
must  read  tnis  to  them  now  in  their  language, 
or  else  they  cannot  understand  it. 

L.  C  J.  North.  You  that  are  the  interpreter, 
teU  thetn  that  you  are  going  to  interpret  the 
iadictmoTTt  to  them  by  d<^free8. 

Mr.  Vandore.  Yes,  my  lord,  I  will. 

L,  C.  J.  Do  not  read  all  the  circumstantials, 
but  only  the  substance  of  the  indictment. 

Then  the  Clerk  of  the  Crown  M'ent  near  the 
bar,  and  dictated  to  the  Interpreter  dcUbe- 
lately,  who  interpreted  it  to  the  prisoners. 

i.  C.  J.  Well,  you  have  told  them  the  sub- 
stance of  it,  that  tnev  are  indicted  for  killing 
Mr.  Thynn. — Mr.  Vandore,  Yes. 

L.  C.  J,  Well,  what  says  the  first  man  ? 

CLofCr.  I  asked  him  if  he  be  Guilty  of 
the  murder  whereof  he  stands  indicted,  and  he 
says  he  is  Not  Guilty. 

X.  C  J.  Dceshcsay  so? 


Mr.  Vandore.  Yes,  be  says  be  is  Not  GuiUy  •; 
L.C.  J.  Why  now  tell  him  the  tbrmality/ 
tliat  he  must  put  himself  upon  the  jury  here. 

[Then  Sir  Nathanael  Jokntan  was  sworn  In- 
terpreter.] 

L.  C.  /.  Ask  hun  this  question.  Tell  him 
he  is  accused  of  the  murder  of  Mr.  Thomas 
Th  vnn ;  ask  him  if  he  be  Guilty  or  Not  Guilty. 

vandore.  He  says  he  is  Not  Guil^,  my  Lord. « 
I  asked  him  just  now. 

X.  C  J.  Then  sir  Nathanad  Johnson,  if  you 
can  make  him  to  understand  it,  tell  him  that  oar 
manner  of  trial  here  is  by  twdvemen,  and  that 
is  by  putting  himself  uoon  the  country,  and 
th^*efore  ask  him,  how  he  will  be  tried.  Tell 
him  that  the  method  is  by  saying,  *  By  God  and 
*  the  Country.' 

Sir  N,  Johttton.  My  Lord,  he  is  a  very  dull 
kind  of  man,  he, knows  not  how  to  answer,  nor 
what  to  say ;  nor  won't  say  any  thmg ;  thai  is 
the  truth  of  it 

X.  C.  /.  Ask  him  if  he  be  willing  to  be  tried 
afler  the  manner  of  the  English. 

Sir  N,  Johnton.  Yes,  he  says  he  is  willing 
to  be  tried  according  to  the  fasnion  of  the  Eng- 
lish. 

L.  C.  J.  North.  He  hath  pleaded  Not  Guilty, 
and  the  other  follows  of  course. 

X.  C.  J.  Ask  tlie  other,  the  captain,  the  same 
thing. 

Sir  N.  J.  He  desires  a  French  Interpreter, 
for  he  speaks  French. 

X.  C.  X  Surely  here  are  enough  people  that 
understand  French,  but  ask  him  u  he  aoen  not 
understand  English. 

Sir  N.  J,  He  can  understand  some,  he  says. 

X.  C.  X  Then  ask  him,  whether  he  be  Guitty 
or  Not. 

Sir  N.  J,  He  says  he  is  Not  Guilty,  my 
Lord. 

X.  C.  J.  Now  ask  Mr.  Stem,  but  first  ask 
the  captain  how  he  will  be  tried. 

Sir  V.  X  He  says  he  win  be  tried  by  God, 
and  half  his  own  country  and  half  Engfish. 

X.  C.  X  He  sliall  have  his  request. 

^  N.  J.  He  desires  one  thing  further. 

X.  C  X  Look  you,  sir  N.  Johnstm,  vou  must 
tell  him  this ;  he  shall  be  tried  by  half  foreign- 
ers and  half  English;  that  is  it,  I  suppose  h« 
desires. 

Sir  N.  J.  My  Lord,  he  desires  that  there 
may  be  none  of  the  jury  that  are  any  thing 
a  kmdred  or  relation  to  Mr.  Thomas  Thynn, 
nor  any  particular  friend  of  his,  and  .he  is  sa- 
tisfied. 

X.  C.  X  No,  there  shall  not,  we  will  take 
care  of  that.  Now  ask  Mr.  Stem  then  the  like 
question. 

Sir  N.  X  Mv  Lord,  he  says  he  is  Not  Guilty* 

X.  C-  X  Ask  him  too,  how  he  will  be  tried ; 
whetlier  by  a  jury  ? 

SiriV.  X  He  says,  he  is  content  ta  be  tried  ag 
the  others  are,  by  half  strangers  and  half  Eqg- 
lish. 

X.  C.  X  Xow  then  ack  my  Igrd  CoDiBgiitttt'k 
what  he  says. 


STATE  TRIALS,  34  Chablss  IL  l6S2^and  t%hn%fm^  MrJkr.         [lO 

Mr.  Vandare.  My  Lord,  hcadn  this  ques* 
lion  of  your  lordslup  aod  tliis  bnoura^le  court, 
if  it  be  agreeable,  and  iiooqrdiiif  to  ^t  ji»tic& 
ofthisnadon,  that  my  Lord  navbeattowed 
two  or  tlkree  days  delay,  beatae  ne  ii  to  pre- 
pare himself  and  witnesaeB  for  hs  trial. 

Sir  N,  J.  My  Lord,  he  says  this ;  hi  wit- 
nesses are  not  prepued,  and  henot  haTiv  huci 
time  to  recollect  himself,  so  as  to  fit  hkiseir 
for  his  defence,  therefore  he  begs  the  iaTOv  of 
the  court,  that  he  may  hare  a  day  or  to*s 
time  to  recollect  himself.  He  says  he  ts  ton. 
swer  circumstanoes  with  ciroumstaoces,  \y 
Lord ;  he  says  he  has  some*^  wimesses  at^ 
circumstances  that  are  Tery  materiai  to  aostr 
such  circumstances  as  are  brought  against  hit^ 
he  does  not  understand  the  law,  my  lord,  n« 
has  had  no  time  to  have  any  counsel  to  infoii 
himself. 

L.  C.  'J.  You  must  tdl  him  this,  that  whid 
he  is  charged  with  is  matter  of  fact,  tiiat  nooc 
can  instruct  him  in  bat  himself;   counsel  can 
do  him  no  good  in  such  a  case  as  this.* 

Sir  N,  J,  My  lord,  he  says,  the  matters  that 
are  okgected  against  him  are  onlycircumstan* 
ces,  mv  lord,  and  they  require  an  answer, 
which  be  can  do  by  other  circumstances,  and 
he  desires  time  to  recollect  himself  two  or  three 
daysresnite  ;  he  desires,  if  it  weie  but  a  little 
time,  a  day  or  two. 

Mr.  Thynn.  My  lord,  oar  witnesses  ore  all 
ready,  and  the  counsel  instructed,  and  wait  here 
toffoon. 

X.  C.  J.  North.  Look  you ;  pray  wtfl  yoa 
tell  him,  when  the  trial  is  once  begun,  the  jury 
can  neither  eat  nor  drink  till  they  hare  giren 
their  yerdict ;  that  is  the  law,  and  we  can- 
not change  the  law,  therefore  we  cannot 
allow  him  the  time  he  desires.  He  knows  what 
he  is  accused  of,  and  has  known  it  a  good 
while,  and  has  had  time  to  recollect  bimsen  and 
prepare  himself. 

8ir  JV^  /.  My  lord,  he  says,  the  jury  are  not 
yet  together,  nor  charged  with  him,  and  there* 
tore  tUl  the  jury  are  charged,  he  thinks  he  may 
have  time,  if  your  lordship  please  to  allow  it. 

Ir.  C.  J.  Look  you,  you  must  tell  htm, -that 
he  J9  to  understand  that  here  is  but  one  indict- 
ment against  the ,  nrincipals  and  himself,  and 
we'cannottrythis  by  pieoe^meals;  we  cannot 
try  the  principals  now,  and  my  lord  Conings- 
mark  another  time.f 


9] 

Mr.  Tkytm,  He  speaks  English,  my  Lord. 

L.  C.  J.  But  not  well  enough,  may  be,  to 
ondentand  the  whole. 

JL  C  J.  North.  iHr  Nathapad,  what  does  he 
say?  • 

Sir  N.  J.  My  Lord,  he  says  it  is  a  concern 
of  his  life,  and  therefore  he  desires  he  may 
IwTe  not  only  one  Interpreter,  but  others  :  he 
desktps  he  may  hare  two  or  three^  that  they 
may  make  no  mistake. 

JL  C  J.  Very  weU 

&&r  N.  J.  lie  says  that  I  understand  the 
Dutch  language ;  but  his  life  aod  honour  are 
coaeemed,  and  therefore  he  woiild  hare  three 
or  four. 

i.  C,  J.  Who  would  hfe  have  ?  ^ 

8tr  N  J.  Sir  Thomas  Thynn*  said  they  had 
one  that  was  brought  by  them. 

Mr.  Thynn.  T&A  is  Vandore,  who  is  sworn 
already. 

X.  C.  J.  liook  you  sir  Nathanaet,  tell  my 
Lord  if  he  pleases,  he  shall  have  a  French  In- 
terpreter ;  tor  1  know  he  speaks  that  language 
verywdl. 

m  N.  J.  My  Lord,  he  says,  that  High- 
Dutch  is  his  natural  language,  and  he  can  ex- 
press himself  best  in  that. 


[Then  one  Vanharing  was  called  for  by  the 
Count,  but  did  not  appear.] 

X.  Ch.  Bar.  (Wm.  Montafirue,  esq.)  Sir  N. 
Jobns<»i,  you  must  ^  the  Count  whether  he 
be  Guilty  of  the  Indictmoit,  as  accessory  be- 
Ipie  the  fact 

Sir  N.  J.  I  have  asked,  my  lord^  and  Not 
Guilty  he  answers. 

CL  cfCr.  How  will  yon  be  tried  ? 

Sir  N.  J.  He  says  he  will  be  tried  by  God 
aod  half  his  own  country,  or  half  foreigners 
aod  half  English  ;t  and  he  desires  they  may  be 
persons  of  some  quality,  as  they  use.  to  treat 
persons  of  his  quality,  and  strangers. 

L,  C.  J.  There  shall  be  such  strangers,  tell 
him.  You  have  merchants  of  good  aocoant, 
1  suppose,  upon  this  pannel  ? 

Und.  Sfter.  Yes,  my  Lord,  they  are  air  such. 

8triV.  /.  He  desires  he  may  be  tried  dis- 
tinctly from  the  others. 

JL  C.  J.  That  cannot  b|e :  but  look  you,  Sir, 
Pray  tell  my  Lord  this,  that  though  the-  evi- 
dence most  oe  given,  and  the  jury  must  be 
oharged  all  together,  yet  in  this  case  we  will 
disti^uifih  his  case  to  thejury,  if  there  be  oc- 


X.  C.  Bar.  And  his  evidence  will  comedis- 


*  So  in  the  former  edition. 

f  As  to  the  right  of  an  alien  to  have  in  trialk 
whether  civil  (unless  both  parties  be  aliens)  or 
criminal  (except  indeed  for  treason&and  in  the 
case  of  Egyptians,  under  st.  32  H.  8,  c.  10.)  in 
which  he  is  a  party,  a  jury  of  which  one  naif 
iluJI  be  aliens  (if  so  many  snail  be  forth-coming 
intbe place).  Seethe  IStatutes,  S8  Ed.  3,  c. 
13,  and  8  Ueo.  6,  c.  S9,  andBlackst  €omm. 
Book  3,  ch,  123,  Book  4»  ch.  2U 


*  See  the  Note  to  the  Case  of  Don  Pantaloon 
Sa,  voL  5,  p.  566,  and  to  the  Case  of  Twyn, 
vol.  6,  p.  516,  of  this  Collection. 

f  *'  Most  oertainly  they  might,  and  it  is  fre- 
quently done  although  there  he  hut  one  indict- 
ment, as  in  the  case  of  the  Begiddes  and  many 
other  cases  ;  but  it  was  more  for  the  interest  of 
the  count  to  try  him  then,  though  he  was  not 
aware  of  it  himself."  Former  Edition.  As  to 
an  inconvenience  attending  the  trial  of  more 
than  one  prisoner  at  once^  see  a  note  to  the 
Case  of  Campion  and  otheis,  vol.  1,  p.  1051,  and 
a  note  to  the  Case  of  Coke  and  Woodlmme^  tu 
D.  1721,  in  this  CoUeetioiu 


i  1}     SrrAT£  TRIALS,  34  Cba&IBS  II.  l6$i.^^Iiriat  tf  Cmmi  CankigimaHk       [ t< 


Sk  N,J.  If  itainst  be  so,  hesays,  he  ma!$t 
throw  binflelf  uton  your  lordship :  he  hopes 
be  shall  kave  nohiiig  bat  what  is  just  and  iair, 
aQ4  he  lopes  yoir  lordship  will  be  of  ooonsel  to 
fainifas^eftshonofthis  oonntry  is;  if  any 
thing  aHes  of  natter  of  law,  he  desires  he  may 
have  tl^  advttitage  of  it :  and  if  he  cannot 
have  a^Ay  or  two,  he  says  the  innocency  of  his 
case  *iU  prelect  him.  Count  Coninfi«roark 
knoiK^g  how  innocent  he  is,  won't  stid^  for  a 
day  i  two,  but  he  will  be  ready  to  be  tiied  as 
youiordsbip  shall  think  fit :  he  has  innocence 
on  ]» side  and  that  will  protect  him. 

j  C  /.  Let  my  lord  know,  that  we  will 
beireful  in  examining  alj  things  that  concern 
hi; 

•ir  N,  J.  He  says  he  does  not  fear  it,  my 
Vt  having  to  do  with  such  honourable  per- 
gs,  nor  doubt  it  at  ail. 

X.  C.  J. '  Then  swear  a  jury.  But  look  you 
y  lord  Coningsmark,  consider  this  ;  as  the 
^utlemen  of  the  jury  come  to  be  sworn,  if 
ou  do  dislike  any  of  theas,  you  may  except 
grsinstthem. 

Sir  N.  J.  My  lord,  he  says,  being  altogether 

stranger  here  in  Enffbnd,  and  not  knowing 

.ny  of  u&e  persons,  he  negs  the  fiivoor  of  the 

>ench  that  he  may  have  the  names  of  those 

that  are  returned  of  the  jury,  and  a  little  time 

to  consider  of  it. 

X.  C.J.  That  we  camiot  do :  all  we  can  do 
for  yon  is,  we  will  take  as  much  care  as  we 
can,  that  vou'  may  have  indifferent  personsanii 
persons  of  quality. 

JL  C.  J.  North.  Pray  tell  him,  the  biw  gives 
him  the  privileffe  of  a  peremploiy  challenge. 

Sk  N.  J,  He  say^  my  lord,  he  does  not 
know  who  th^  sre,  but  tb^  may  be  persons 
that  are  tooohed,  and  may  have  something 
of  evil  will  or  spleen  a^psinsk  him.  His  father 
served  against  the  kmg  of  I>ennaark  and 
against  the  Poles  and  the  Ptipists,  and  his 
mher  was  a  Pmestant  and  served  the  Protes- 
tantcause. 

X.  C.  /.  What  eoontrymen  are  they,  BIr. 
Sheriff 

Under  Sheriff,  They  are  French  and  Dutch 
most  of  them,!  do  not  believe  there  is  ever  a 
Dane  amongst  them* 

X.  C.  X  We  win  can  all  FfwchmeB,  if  he 
had  Fsdier  have  tiicm  than  Dutch. 

Sir  JV.  J.  He  would  very  gladly  have  them 
all  High-Dutch ;  if  not,  tluit  he  may  have 


X.  C.  X  I  thought  he  had  eicepted  agaiBst 
the  Dutch. 


I%r  Jf.  X  No,  against  the  Danes ;  ibrhis  la- 
ther in  the  wars  burnt  their  towns. 

X.  C.  X  Rxamine  them,  as  they  come  to 
diebook,  if  there  beany  of  the  Roman  Ca- 
tholic leligion,  and  do  not  let  any  such  be 
•worn. 

Mr.  Sheriff  TilkingUm,  There  is  none  such 
«mong  them,  I  dare  say. 

X.  C.  X  Sir  N.  Johnson,  tell  my  lord,  be 
•ban  banre.  no  Roman  Catholics  at  all. 

Sir  ^.X  He  thanks  your  kuddup.    Hede- 


sires  he  may  have  the  penoel  tolook  upon,  aiid 
he  hopes  tliat  is  an  easy  fitvour. 

X.  C.  X  Let  him  have  the  pannel,  if  it  will 
do  him  any  good.  He  is  a  stranger,  mtisiy 
him  in  what  we  can. 

[Which  was  delifered  to  him,  and  he  looked 
it  overj 

X.  v.  X  Tdl  him,  as  the  jury  is  called,  he 
shall  have  every  one  of  theOntlandishmen  and 
En^rlisbmen  brouglit  before  him. 

8ir  N,  X  My  lord,  he  thanks  you  for  this 
favour. 

X.  C.  B,  Sir  N.  Johnson,  tell  the  Count,  tliey 
call  fir&t  an  Englishman,  then  a  tbreigner,  and 
they  shall  be  broufi^ht  to  view. 

X.  C.  X  Pray,  have  you  told  the  other  per- 
soas,  that  their  time  to  challenge  is  before  the 
jury  is  sworn  P 

Sir  N.  X  The  Polander  says  be  can  chal- 
lenipe  none,  because  he  knows  none* 

X.  C.  X  What  say  the  rest  ? 

Air.  Vandore,  They  say  tliey  know  nobody, 
and  can  except  against  nobody. 

C/.  ofCr,  CaUSir  WUI.  Roberts.  [Whoap*. 
pearing,  stood  up.] 

X.  C.  X  My  lord  Coningsmark,  there  is  the 
foreman.  « 

8ir  N,  X  He  has  nothing  to  say  against  bin. 

X.  C.  X  Then  hold  him  a  book«  and  swear^ 
him .    [Which  was  done  ] 

CL  ofCr.  Call  Mr.  Downing. 

Interpret,  He  says  he  is  no  foreigner. 

X.  C  X  Then  he  most  not  be  sworn. 

CI.  ofCr.  MosesCharas.    [Who  appeared.} 

Interpret.  He  has  nothing  to  say  against 
him.  But  he  himself  says,  he  does  not  speak 
English,  but  he  desires  to  speak  French. 

CL  qfCr.  Then  tell  him  in  French,  he  must 
lay  his  band  on  the  book  and  be  sworn,  and 
barken  to  his  oath. 

Sir  If*.  Winnington.  We  challenge  him  fet 
thekinff. 

X.  C!  J.  For  what  cause  ? 

Sir  Fr.  Winnington.  My  lord,  we  take  it 
that  we  need  not  shew  any  cause  unless  there 
be  any  want  of  the  number  in  the  pannel. 

X.  C  X  Then  we  must  do  him  right,  and 
tell  him  what  advantage  the  law  fives  him. 
Tell  my  lord,  you  that  understand  English, 
that  this  gentleman  is  challenged  for  the  king  ; 
and  if  the  king  shew  any  goml  cause  for  it,  ne 
must  not  be  sworn,  else  be  must.  And  the* 
way  for  him  to  cause  the  king's  counsel  to 
shew  their  cause,  (if  he  desire  it)  is  to  cbal* 
leoffe  all  the  rest 

Mr.  Williatns.  We  wave  our  challenge :  for 
the  reason  why  wechalleneed  him  was,  because 
he  did  not  understand  Enj^ish,  which  will  be  no 
reason  at  all.    ^Then  he  was  sworn.} 

CL  afCr.  Sir  Henry  Ingoldsby. 

Sir  JV.  X  He  challenges  him,  my  lord. 

CL  of  Cr,  Sir  William  Gulston. 

Sir  Jv.  J.  He  excepts  against  hnn,  my  lord. 

X^  C.  X  Does  be  cballoige  him  in  respect 
of  what  I  said  to  him  about  the  Outlandish 
gentlemen,  that  thekinsr  is  to  shew  cause  ?  Or 
bow  does  be  challenge  nim  f 


a^l       STAIS  TRIALS^  U  Cuabibs  II 

IiRlfrprrf.  Hy  lord,  be  njB  beliean  he  u 
•  fnend  to  Mr.  Thynn. 
JLC  J.  Well,  let  him  be  passed  by  tben. 
CL  of  Cr,    Sir  John  Mnstera.    [^Vho  did 
«ot  ap{)ev J 

Sir  N.  Johnson.  He  says,  my  lord,  he  only 
desires  mdiffemit  persons.        ^ 
CL  ofCr.  Henry  Herbert,  esq. 
8ir  N.  J,  He  challenges  him. 
CL  ofCr.  llichard  Paget,  eso. 
^  JV..  J.  He  desires  to  see  him. 
L,  C.  J.  Let  him  be  brought  into  the  middle, 
Ihai  he  may  look  upon  the  prisoners. 

Interpret.  He  has  nothmg  to  say  against 
.Jam.  [Then  he  was  sworn.] 
CL  of  Or.  James  Bucgone. 
Interpret.  He  excepts  against  him. 
C^  of  Cr.  Claudius  Derolee. 
Interpret.  He  excepts  against  him  too. 
CL  rf  Cr.  Charles  Beelow. 
Interpret.  He  says  he  looks  like  a  man,  and 
1^  does  not  ekoept  against  him.    [And  he  was 
fwom.] 

CI.  cfCr.  Ralph  BocknaB,  esq. 
Interpret,    He  challenges  him. 
CL  qfCr.  Thomas  Earsby,  esq. 
Interpret.  He  challenffes  faiim  too. 
L.CJ.  Look  you,  sirj^.  Johnson,  pray  teU 
Imn  he  can  challenge  but  tw.enty . 

Sir  N.  J.  He  says  very  well ;  he  will  not  do 
anymore.  Hedenres  thefiiTour,  that  those 
that  he  ehaUenges  may  not  come  near  those 
that  are  sworn. 

'  L.C.J.  Wdl,  it  shall  be  so;  wewiU  take 
fare  of  it. 
CL  ofCr.  Richard  Oowre,  esq. 
Sir  N.  J.  He  excepts  against  him. 
CL  qfCr,  George  HocknaU,  esq. 
Interpret.  He  challenges  lum.   .[But  then 
die  ^unt  looking  in  his  psqier,  retracted  the 
<;faallengp,  and  he  was  sworn.] 
CL  <^Cr.  Peter  Vandenhagen. 
Interpret.  He  says  nothing  to  him.    [Then 
he  was  8wom/| 
*  CI.  cfCr.  Widter  Moyle,  esq. 

Interpret.  He  does  not  challenge  him.  [He 
was  sworn.] 
CLafCr.  Christopher  Ripkey. 
Interpret.  He  does  not  challenge  him.  [He 
was  sworn.] 

CLqfCr.  Thomas  Henslow,  esq. 
Interpret.  He  does  not  except  against  him. 
(Then  he  was  sworn.] 
CL  qfCr.  Lewis  Doncarr. 
Interpret.  He  challenges  him.  ^ 
CL  (fCr,  Peter  Lecane.    [He  did  not  ap- 
sr.]  David  Colli  Faux. 

Interpret.  He  challenges  him,  because  he 
knew  mi.  Thynn,  they  say. 
CLqfCr,  Andrew liodderlej. 
Interpret.  He  challenges  him. 
CLqfCr.  James Burk. 
Interpret.  He  challenges  him. 
a  ofCr.  Daniel  Grigsrion. 
Interpret.  He  does  not  challenge  him.   [So 
kevas  siWom.] 
^CL<fCr.  Robert  Jordan,  esq. 


l682[.--tffiif  othen^  for  Mwritr*        [IW 

Interpret.  He  challengB  him. 

CL  OfCr.  hucy  Knig5ey,esq. 

Interpret.  He  challengs  nim. 

CLqfCr.  John  Hayne,  esq. 

Interpret.  He  does  no  except  against  him, 
[He  was  sworn.] 

CL  qfCr.  I^wis  le  Coint 

Interpret.  He  challenies  him. 

CLofCr.  JohnBellier. 

Interpret,  He  challenges  him. 

CL  qfCr.  James  Froitein. 

Mr.  Williams,  We  clallenge  him  for  the 
kine. 

CL  of  Cr.  John  M\ssey. 

Interpret.  He  chal^ng-es  him. 

CL  of  Gr.  Andrew  Irimow. 

Jfi/erpref .  He  cballeiges  him. 

CL  of  Cr.    Nicholas  Teufor. 

Interpret.  Hechallen^him.  Hesaystbev 
are  all  Walloons,  and  the^re  he  cbaUen^ 
them. 

L.  C.  J.  Why  does  he  ^cept  against  Wal^ 
loons  ? 

Interpret.  Because  they  l|ye  always  serVed 
against  the  Swedes. 

CL  of  Cr.  John  Lebarr. 

Interpret.  He  does  not  ex(^  against  him. 
[And  so  he  was  sworn.] 

CL  qfCr.  Cryer,  reckon  t^se,  &c.  Sir 
Will.  Roberts,  bart.  Moses  Tharas,  gent. 
Richard  Pagett,  esq.  Charles  leeiow,  gent« 
Geo.  HocknaU,  esq.  Pet  Vandei^agen,  ifent. 
Walter  Moyle,  esq.  Chr.  Ripkey  gent.  Tho, 
Henslow,  esq.  Dan.  Griggion,  ^nt.  John 
Haynes,  esq.  and  John  LehuT,  g^t. 

Then  Proelamation  ibr  Informatin  and  Ph>« 
sedition  was  made:. and  a  Chair  las  set  for 
the  Count,  at  his  request. 

CL  of  Cr.  Gentlemen,  look  upoi  the  pri-* 
soners,  you  that  are  sworn,  and  h^rkea  l» 
their  cause,"*  they  stand  indicted  prut  in  the 
indictment,  mutatis  mti^atu/u— — aspinst  the 
peace  of  our  sovereign  lord  the  king,  ni^  crown 
and  dignity.  Upon  this  indictment  tfey  hate 
been  arraigned,  and  theTCimto  hate  ^verally 
pleaded.  Not  Guilty  :  and  for  their  trii,  have 
put  themselves  upon  God  and  their  ctintry  9 
which  country  you  are.  Your  char|^  is  to 
enquire,  whether  they,  oic  eny  of  thtn  are 
Gmlty  of  the  offences  whereof  they  st.ud  in^ 
dieted,  or  Not  Guilty.  And  if  youfiDCthem, 
or  any  of  them  Guilty,  you  are  to  fini  what 
goods  or  chattels,  lands  or.  tenements  they 
had  at  the  time  of  the  felony  and  murdei  com- 
mitted, pr  at  any  time  since.  If  you  fine  them 
or  any  of  them  Guilty,  you  fixe  to  equire, 
whether  they  or  any  of  them  fled  foiit :  if 
you  find  that  they,  or  any  of  them  fled  for  it, 
you  are  to  enquire  of  their  goods  and  chittels, 
as  if  you  h^  found  them  Guilty ;  if  yon  flnd 
them  or  any  of  them  Not  Guilty,  nor  thakhey 
did  fly  for  it,  you  are  to  say  so,  and  no  Bore» 
and  hear  your  evidence.  But  if  you  ipquil 
any  one  of'^the  principals 


tmmm*^^f^ 


So  in  the  former  Sdition. 


15]     STATE'RIALS,  34Chakles  II.  l6S^.— Trial  of  Count  Coningsmark      [l6 


m 


L.  C.  J.  That  iai  mistake,  it  must  be  dlthe 
|irinci|»al8^ 

C/.  of  Cr.  If  ya  acfrait  the  principals,  you 
are  not  to  en^re  if  Cnarles- John  Conings- 
mark  as  accessary  >^re, 

Nr.  Keene.  May  t  please  yoar  lordship^  and 

9M  gentlemen  that  are  sworn  of  this  jury, 

Teorge  Borosky  a.a8  Boratzi,  Christopher 
Vratz,  and  John  Sten,  the  prisoners  at  the  bar, 
stand  here  indicted  for  that  they  not  having 
the  fear  of  God  befo«  their  eyeM^  but  being 
moFedand  seduced  >y  tb«  insngation  of  the 
devil,  the  12th  day  of  Tebruary,  in  the  d4th 
year  of  the  reign  of  thl<king»  telonieusly  and 
voluntarily,  and  of  thtf  mdice  aforethought, 
did  make  an  assaultopon  Thomas  Thynn, 
esq.  at  the  parish  of  tt.  Martin's  in  the  Fields 
in  this  county*;  and  tiat  the  said  George  Bo- 
foaky  having  in  te  hands  a  blunderbuss^ 
which  he  knew  to  b  charged  with  four  lead  on 
bullets,  did  dischoxe  it  at  Mr.  Thvnn,  and 
gave  him  four  moval  wounds,  of  which  wounds 
be  languished  tk  the  13th  day  of  Febru- 
ary, and  then  «ed :  and  that  they  the  said 
Cbristogher  Vriz  and  John  Stem  were  tiiere 
present,  aiding  assisting  and  abetting  him  to 
commit  the  »d  felony  and  murder  ;  and  so 
that  they  the  iaid  George  Borosky,  Christo- 
pher Vratz,  a>d  John  Stem,  did  of  their  malice 
aferethougbtin  manner  aforesaid,  murder  the 
faid  Tbemairf^ytm.  And  Charles-John  Co- 
ninjpsmark,  fle  other  prisoner  at  the  bar,  stands 
indicted,  fc  that  be  before  the  felony  and 
murder  afbftsaid,  so  done'  and  committed,  to 
wit,  the  l4i  day  of  February  aforesaid,  did  of 
his  maliceidbreUiought,  move,  incite,  counsel, 
persuade,md  procure  the  said  Borosky,  Vratz, 
and  Sten^  to  do  that  niiurder,  a<piinst  the 
peace  of  fte  king^  his  crown  and  dic^ity.  To 
this  indilment  they  have  severaJly  pleaded 
Not  Gu'iiy  ;  and  you  are  to  enquire,  whether 
they  areOuilty,  as  they  are  cliarged,  or  no. 

Sir  Irancii  Withens.  Mj  lord  and  gentle- 
men, 1  im  of  counsd  in  this  case  for  the  king, 
agatnstthe  prisoners  at  the  bar.  There  are 
three  €  them  indicted  as  principals  in  this 
ttiurde,  the  fourth  as  accessary  oefore.  In 
this  cae  that  is  now  before  you,  gentlemen,  I 
cannoichoose  but  take  notice  unto  you,  that  a 
tnurdcof  this  nature  has  never  been  heard  of 
to  be  prpetrated  upon  English  ground,  both  in 
respei  dT  the  person  mur&red,  and  in  respect 
of  thi  ctrcumstaocfs  of  the  fact.  For  the 
persot  murdered,  was  a  gentleman  of  that 
^ualt^  and  estate,  that  be  hath  left  but  few 
eymi  behind  him.  That  this  man  being  in 
hmcacfa,  shfrald  be  way-layed,  surprized,  and 
mnr^red,  and  this  murder  committed  ui  the 
midsof  our  streets,  is  that  wjiich  works  amaze- 
mant  in  all  English  hearts.  And  our  only 
oomhrt  upon  this  sad  occasion  Ls,  that  there 
li  na  one  native  of  this  country  found  amongst 
all  tkee  diat  are  aoeused  to  be  instrnments  in 
this  mibaroos  ihct. 

I  tid  observe  to  yoo,  gentlemen,  before,  that 
tiienaie three  named  to  be  principals;  Bo- 
ipakr,  whom  for  diitfaictioii  wSke^  I  shall  call 


by  the  name  of  the  Pokmder,  Vratz,  who  is 
called  tlie  captain,  and  Stem,  who  is  called  the 
lieutenant.     Borosky  the  Polandcr,*  we  say, 
was  the  man  that  discbarofcd  this  bluniWhuss 
against  this  worthy  gentleman  that  was  slaio  ; 
but  thougli  he  was  the  only  man  thnt  dis- 
charged  it,  yet  if  we  can  satisfy  you  that  Vratz 
and  Stem  were  with  him  at  the  same  titue, 
aiding  and  assisting  him  when  he  ^ave  the 
blow,  they  are  as  much  principals  as  he  tJiat 
shot  off  the  gun.    It  will  be  natural  to  open 
to  ypu  what  is  said  against  this  captain  Vratz, 
he  is  a   Swede  by  birth,' and   did  formerly' 
belong  to  count  Cuningsmark ;  he  was  a  re- 
tainer to  him.     Afterwards,  I  think  in  the  war 
he  was  made  a  captain.    This  gentleman  had 
been  formeHv  in  cngland,  but  at  th*  last  time 
he  came,  which  was  three  weeks,  or  there- 
abouts, before  the  murder  was  committed,  his 
bodying  was  in  King-Street  at  Westminster. 
This  captain  Vratz,  ue  shall  prove,  did  often 
discourse  that  he  had   a  quarrel  with    Mr. 
Thynn,  that  several  times  before  this  murder 
was  actually  done,  he  ordered  his  serrant  to 
way-lay  his  coach  ;  and  upon  that  very  fatal 
day,  the  12th  of  February,  when  this  unhappy 
accident  fell  out,  having  information  that  Mr. 
Thynn  was  gone  out  in  his  coach,  immediately 
he  puts  on  bis  boots,  ^ives  order  to  his  ser^ 
vant  to  bring  his  clothes  to  him  atsudi  a  plare, 
because  he  should  remove  his  lodff tag,  he  said, 
that  night,  that  he  should  bring  his  clothes  to 
the  Black- Bull  Inn  in  Holboro,  and  brinsr  his 
horse  thither  too.    "When  he  went  from  his 
lodging,  the  Polandcr  went  along  with  him, 
anu  they  came  to  the  Black-Bull  in  Holbom, 
where  they  met  with  Stern.    We  shall  shew 
you,  that  these  three  gentlemen  being  thus 
anned,  one  with  a  blunderbuss,  the  second 
with  pistols,  and  the  other  very  well  provided, 
rid  out  about  six  o'clock,  the  murder  bcin^ 
committed  about  seven   or  eight.    At  their 
going  out,  they  enquired  which  was  their  wa  v 
to  Temple-Bar ;  they  were  seen  to  ride  througn 
the  Strand  to  St.  James's,  the  fact  was  doi:e 
in  the  Pali-Mall,  and  we  shall  shew  you  the 
way  of  it  was  thus  ;   Mr.   Thjmn  passing 
through  the  street  to  go  home  in  his  coach, 
three  persons  came  riding  up  to  the  coach 
side,  and  while  the  one  stop|>ed  the  horses, 
imniediatdy  the  blunderbuss  was  discharged 
into  the  coach  against  Mr.  Thyun,  and  gave 
him  those  woun£,  of  w  hich  the  next  morning 
he  died,  presently  these  three  men  ran  away, 
but  one  of  them  let  fall  a  pistol  upon  tise  place, 
which  I  shall  observe  as  a  material  circum- 
stance against  these  persons,  because  we  fihall 
prove   whose   the   Unnderbuss  wns.    These 
things  being  done,  this  murder  comntittcd,  and 
they  gone  away,  it  begun  to  work  in  pe(»ple's 
thoughts,  and  'circumstances  began  to  eoine 
out,  Siat  this  blunderbuss  should  be  orden*d  to 
be  brought  by  captain  Vratz,  who  had  dis- 
coursed with  many  persons  about  the  quarrel 
he  had  whh  Mr.  Thynn,  and  given  enter  to 
his  servant  to  way-lay  his  coach  ;  and  theso 
persons  being  rid  out  at  that  time,  there  was  a 


1 


• 
prjnci^abw  Forlilefoiivtby  feAtlenMO,  eount- 
Conm^fsmapk,  he  ki  t  pcMon  of  g^i*eat  qoBiity^ 
anct  1  am-  OKlniorduiary  sorry  to  find  the  evi- 
deuce  8»  stroll^  agMii«t  him,  at  my  brief  im- 
ports ;  I  wbb  m»  ianoceaee  were  greater,  aood 
our  Of  idoBce  less  ;  for  be  io^  a  person  of  too 
^frest  ^fialky,  one  weuM  hope,  to  be  ooncenied 
in  *  Untkg  ot'this  natiire  ^  but  thai  he  was  iho- 
main  abettor  and  procurer  of  this  barbarous* 
bofltness,  we  sh^U  prove  upCM  these  grrounds : 
Fifst,  That  he  htd  a  design  upe»  Mr.  Thymi'» 
life;  for,  geiitleiB€B^  csomiBg;  into  Englaadr' 
absiil  three  weeks  before  this  matter  was  trms 
sacted,  first  be  lies  in  disgfbise,  and  livvs  prin 
vate, '  and  remoxres  hia  lodging  icom  place'  toi 
place  freauently  ;  tiiat  he  sent  a  person  t9>  tan 
qiMNrof  ttieSfWedfeh  vesideiit,  whether,  oi«  tto, 
»f  he  shoald  kill  Mr.  Thvim^iii  a  duel,  he  eoukl 
by  (he  l&ws  of  England  aftcrwaands  nkarry  ^m 
lady  Ogle  ?  So  that  Mr.  Tbynn's  death  was  in 
pibspeel  ftoin  the  beipuniag.  Cientlemen,  we 
shall  prove  to  you,  as  1  did  in  soofts^  bmmmimi 
open  before,  that  the  count  himself  ^Mu  pleasied 
to  give  sxpress  order,  tLat  the  Polander  should 
have  a  good  sword  bought  him;  tb^tbeilM 
he  came  into  England,,  he  was  very  mtlds 
troubled,  by  reason  of  the  stormy  weather,  ib^ 
fenr  he  should  be  cast  away  ;  that  he  lodged 
him  in  hi^  own  lod^ng  the  night  before  ui  A 
act  was  perpetrated ;  and*  that  captain  Vratz 
was  the  morning  before,  and  immecnately  affer, 
with  the  count.  Another  thing,  gentlemeir, 
that  t  had  almost  forgot :  The  count  was  will* 
iog  to  be  instructed  in  the  laws  of  England, 
and  enquired^  Whether  a  mau  might  lawfully 
ride  out  upon  a  Sj^mday  ?  and  bnng  told,  That 
afler  sermon  he  might;  he  was  very  well 
satisfied ;  and  the  day  he  enquired  of  it,  was 
the  day  that  the  murder  was  committed.  After 
the  thing  was  done,  count  Coningsmaik,  the 
next  morning,  pretended  he  was  to  go  to 
Windsor,  and  leaves  his  lodgmg  ;  but  instead 
of  going,  to  Windsor,  (being  still  in  his  dis- 
g-uise)  be  goes  to  Rotherhithe,  by  the  water- 
side, and  weve,  I  thiuk,  he  continues  two  or 
three  days  in  a  black  peruke,  (and  that  10  dis- 
guise enough  for  such  a  gentleman)  and  after^^ 
wards  he  goes  to  Gravesend ;  but,  ]  tluuk,  he 
was  upon  the  water  some  time,  befisre  he 
thought  it  convenient  to  land  ;  and  there  he 
was  surprised  in  this  disguise.  And  when  h& 
wav  surprixed  and  taken,  he  sHewed  hims(4f 
to  be  in  great  disorder ;  but  being  charged  with 
the  fact,  acknowledged  i^othingoA'  the  matter. 
But  how  it  slioidd  come  to  pass,  thaft  he  should 
lie  so  long  disguised,  upon  no  pretence  that 
caa  be  kkiowDy  aivl  afterward  to  pretend  thflX 
he  had;  a  business  to  effect,  aud  theo  be  wa^ 
to  g0  into  Fi-auce,  that  will  lie  upon  him  to  an- 
swer. Butthcfse  are  tbe  inducing  evidences 
that  we  give  to  you ;  liis  keeping  the  Polauder 
411  his  house,  his.  disgiiiung  of  himself,  aad 
hieeBquirtng,  whether  ii' be  killed  Mr-Thynn, 
be  might  not  marry  my  lady  OgleP  HisfOghft 
the  next  day,  andpotendiiiflf  to§fo  to  WindsoVy 
When  he  w«Bt  qwie  theotner  way,  and  all  ifk 
sfrdisgHiM  I  9fiA  these  wmwB  not  beviBg  aur 
C 


BN«t  wtfpittOD  Ihet  they  4iA  il.  Giaat-  eave 
fliere  waetadi^y  and  gtim  aweos  eaad^aeee 
dsefttllMreweeld  be,  %o  apprehend  fkemole- 
fm^tm  ;  end  by  ^^aat  providedoe  it  was  fb<2iid 
out  at  last,  Utadi&is  oitotaiB  VralB^  aotordmg 
to  his  word,  had  altered  his  lodging,  and  Was 
Mtteedeetor'iihwMe,  that  lirod^  I  tbitik,  in 
leieesler-FisUft.  Bcfog  there  sufpfized,  aa4 
coBUDg  upon  his  examinatioe,  he  did  noS  deey* 
bet  Im  wee  thanaoeaof  tliathteel  tiuft  wtut  at 
the  pleee  wkair  aed  where  Mr.  Thym  waa 
murdered,  but  he  pretended,  he  did  ielend  to 
liijhl  fain  IB  a  dtetU  and  kill  him  fairly,  as  he 
called  it.  But,  gtttOetttem^  i  naesl  ohsewe 
thk  to  ye«y  ih  itoy  small  tieie  ef  escpeiieiM^e  of 
tlewacidy  I  eever  knew  a  mae  ga  tetghi  a 
duel,  and  carry  out  wilb  him  a  secood  wkh  a 
Maederbda^.  'if  is  noa  {passible  he .  should  go 
with  such  a  design  as  he' would  inaiaeate,  £it 
rmtber  wi^  aft  iiiteflaia«  of  murder.  For  Ae 
Fabmdery  he  €afec  into  England  bet  the  Fri- 
day befbre,,  aed  so  we  shall  prove  to  you  that 
wiab  will  stick  hand  ueoe  the  eoent.  Upon 
FMey,  he  being  hMMie%  he  eequires  tw  the 
young  count's  tutor,  which  was  at  an  aeadeiay 
af  aee  Monsiear  Faubert's ;  and  there  he  en- 
qeines  for  the  coeet's  seeretary ;  he  lay  there^ 
I  lUnk,  that  night,,  and  epoa  Saturday  he  wae 
•snveycd  te  the  eoent's  Mginga.  There  alao 
ha  was  lodged  for  one  night.  Tbe  oouat  was 
fheacd  to  baspeah  ham  a^erv  gt>od  swoid,  and 
eeoealbF  hfaa,  that  he  might  be  wellnrned, 
■id  these  be  lay  ou  Satasdey  night,  as  I  said, 
the  n^ht  before  the  murdEsr  waa  committed. 
Upae  liendi^,  ^emlemea,  there  beijig  a  mes- 
sage sent  to  this  do<^or,  where  Vratz  lay,  the 
night  following  that  ^e  count  would  speak 
wnh  tbe  doetory  the  doctor  oame,  aad  the 
doctor  and  the  Polandef  went  away  to  captain 
Vratz's  lodging,  and  from  thence  to  Holborn, 
lathe  Bleek-Bott^  and  the  captaift was  carried 
in  as  aaoch  seeieey  as  be  could,  for  he  was 
carried  in  a  sedan ;  and  1  think  we  shall  be 
able  te  prove,,  by  the  persons  that  carried  him, 
that  this  wan  the  man.  For  the  other  geatle- 
man,  ^em,  the  lieutenant,  as  they  call  Mm, 
be  we«  an  aaeient  aequaintattce  of  cantain 
Tratz's,  bad  known  him  loo^ago  in  Engpiand, 
and  eampliuued  to  him,  that  lodgings  might  be 
very  dear ;  but  the  captain  told  him,  he  had 
a  w4ig;n ;  and  if  he  would  assist  him  as  a  brave 
fellow^  -would  niaiutaiu  himj  and  he  should  not 
want  aaouoy  to  bear  all  his  charges.  But  we 
shall  prove  Hiat  this  was  the  third  person  ihat 
rid  out  with  the  Polandorf  and  the  oaptain  ia 
this  garb  that  1  told  you  of,  this  nighil  that  tiie 
iaet  was  done.  Jnd  indeed,  Gentlemea,  «p^ 
their  examinaliae,  they  have  every  ouo  con- 
fessed the  faei;  even  tUePolatider  confessed 
that  he  did  shoot  nfS  the  bhiaderbuss ;  'and 
Viets  confessed  that  be  was  there,  and  the 
keetanant  $tem>  an  that  if  there  had  been  no 
msffo  evidenee,  ii  would  have  bean  siifBciont 
W  raaintinn  the  isaae,  and  id  oar  circumstances, 
it  is  nose  ^erhaf^  then  oouid  be  eacpeotedb 
Tkis^  gentkaaan,  ia  the  principal  som  of  the 
avidonce,  that  will  be  given  agamtt  tho  thrae 

VOL,  IX, 


]  9]     STATE  TRI ALS»  54  Ca aelbs  II.  l6st.—TMal  iff  CoMf  Camng$marJt     [i^ 


Appearance,  or  any  reason  whatsoever,  lor  any 
iMuticnlar  quarrel  to  Mr.  Thynn,  but  the  count 
having  some  disgust  to  him,  upon  terms  that 
the  witnesses  will  tell  you  of  by  and  by, 
and  beiug  related  to  the  count,  we  must  leaTe 
it  to  you  to  judge,  whether  these  gentlemen 
did  it  sin^y  and  purely  upon  their  own 
heads,  or  whether  they  were  not  set  upon  it  by 
the  count.  ^ 

SirJV.  Win.  My  lord,  I  shall  not  trouble 
yo«  with  repeating  of  our  eridence,  but  we 
will  begin  and  cbU  our  witnesses,  directly  to 
prore  the  murder  done  by  these  gentlemen ; 
ve  will  prove  the  (act  downright  upon  them, 
•ttd  then  we  shall  afterwards  come  to  the 
Qomit. 

Mr.  WiUiamt,  My  lord,  first  we  will  direct 
cndenoe  to  the  principals^  and  then  to  the 
accessary.  ^1  William  Cole  and  William 
EUers. 

'  L.  C.  J.  9wear  some  person  to  faiterpnt  the 
tfridence  that  shall  he  given :  I  do  it  for  the 
sake  of  the  aliens  that  are  of  the  jury;  for 
tome  of  them  understand  no  English,  and  they 
will  not  know  what  to  make  or  the  evidence, 
if  they  do  not  repeat  it  to  them  in  their  own 
language. 

Theu  Vundorc  and  Wright  were  sworn  for  the 

King. 

Sir  N.  Johnson.  My  lord  desires  that  the 
doctx)r  and  the  tailor  that  are  in  prison  may  be 
seut  for,  to  be  here,  for  they  are  witnesses  for 
hiui. 

Sir  p/'d.  Winn.  We  desire  thej  may  be  here 
too,  for  they  are  wjtueMses  for  the  king,  and  1 
believe  they  are  here,  my  lord. 

Sir  iV.  J.  Mr.  Vandore  does  not  speak 
French. 

Sir  W.  Roberta.  Mr.  Craven  speaks  Dutch 
and  French  very  well. 

Mr.  Craten  was  sworn. 

Sir  A^  J.  The  count  desires  the  fiivoor  of 
pen  and  ink.  v 

L.  C.  J.  Let  the  count  have  pen  and  ink. 

Mr.  Wiliiams.  Call  William  Tole  and  Wil- 
fiam  Ellers.  (Who  appeared,  and  were  sworn.) 
Which  is  Winiam  Cole?  Set  him  up.  Ac- 
quaint n)y  lord  and  the  jury  how  Mr.  Thynn 
was  assaulted .  nnd  the  roatmer  of  it. 

Cofe.  My  lord,  my  master  was  cominff  up 
St.  James 's-street  from  the  countess  of  Nor- 
thumberland's. 

Sir  Fra.  Winn.   Name  your  master. 

Mr.  Williamt.  Who  was  vour  nuister? 

CoU.  Mr.  Thynn.  Amf  I  hati  a  flambop.u 
in  my  hand,  ami  was  going  bef«)re  the  coach, 
and  coming  along,  at  tliu  loivt^r  end  of  St. 
Albsn's- street,  I  hearJ  the  bhiRdf^rbuss  go 
off;  so  upon  that  £  tinned  my  face  Lack,  and 
«aw  a  gteat  smoke,  and  heard  luy  roaster  cry 
out  he  was  mur>lered :  And  f  sec  three  horse- 
men riding  avray.on  the  right-side  of  the  coach, 
and  I  pursued  afler  them,  snd  cried  out  mur- 
der: I  ran  to  the  npper  and  of  the  Hay- 
market,  till  I  was  quit«  spent,  ami  wss  able'to 
(|«  BO  further;  and  tnmingback  again, my 


master  was  got  into  thef  honsa,  and  I  wider' 
stood  he  was  wounded :  That  is  all  I  know. 

Mr.  WiUiamt.  You  say  yoa  haard  a  blonder- 
bus  .  go  off,  and  taming  back,  ycfn  saw  iSmtet 
men  riding  away  from  me  coadi  ? 

Cole.   Yes. 

Mr.  William*  Look  anon  the  prisoners  at 
the  bar :  Can  yoa  laj  an  of  them,  or  any  of 
them  were  the  men  ? 

Cole.  Ni»,l cannot;  Ididnotseetfieirfiux^ 
hot  I  saw  Ae  horse  of  one  of  them  was  a  Itttin 
Imkv  horse* 

Mr.  William.  But  do  yoa  take  any  of  thoi^ 
mentobeoneof  tbethreef 

Cole,  I  did  not  see  any  of  their  laees. 

Sir  Fm,  Wirm.  What  time  of  night  was  it  f 

Cole.  A  qnaiter  after  eight 

9tr  Fro.  Winn.  Pn^  what  day  of  the  week  f 

CoU.  Sonday. 

Sir  Fra.  Winn.  What  day  of  the  month  f 

Cole.  The  lltfa  or  13th  of  Febmary. 

Sir  JVa.  Winn.  Then,  where  b  WilUani^ 
EUers  ?  Ptay  do  yoa  tell  the  coort  and  jury* 
how  Mr.  Thynn  was  wounded,  and  by  whon% 
and  what  yoa  know  of  it. 

Ellers.  My  lord,  I  came  with  my  master 
from  St.  James's-street,  from  my  lady  Nor- 
thumberiand's,  and  as  I  came  at  St.  Alban's* 
street,  there  oame  three  men  riding  by  th« 
right-side  of  tlie  coach,  and  as  they  nd,  one  ef 
them  turned  abont,  and  bid  me  stop,  you  dog  ; 
and  just  as  I  looked  about,  the  fire  was  let  into 
the  coach  upon  my  master,  and  the  men  raift 
away  as  fast  as  they  could. 

Sir  Fra.  Winn.  How  many  were  then  of 
them  t 

FAkrt.  There  were  three. 

Sir  Fra.  Winn.  Were  those  men  at  the  bar^ 
or  any  of  them  the  persons  f 

Ellets.  I  cannot  tell. 

Sir  Fra.  Winn.  What  were  the  words  the^ 
said  when  the  coach  Was  stopped  P  Hold,  boh), 
or  stop,  vou  dog  P 

Mr.    WiUiams.    What  condition  was  yovE 
master  in  tlien?    Wss  he  shot  then  ? 
tilers.  Yes. 

Mr.  Williams.  We  will  gife  you  some  evi- 
dence now  out  of  their  examinations. 

L.  C.  J.  You  had  best  give  some  evidence 
of  his  >vounds. 

Mr.  Williams.  Yefi,  wo  will.  Call  Mr.  Hobba 
the  surgeon. 

L.  C.  J.  L(K>k  you,  Mr.  Craven,  you  hear 
what  these  witnesses  say,  tell  it  to  the  genUe* 
men  of  the  jur}*  tliat  are  outlandish  men,  Thai 
the:re  witnesst>s  swear,  there  were  three  men 
did  do  this  thing ;  the  one  of  them  stopped  the 
coach,  and  die  other  shot  into  it,  but  it  was  a^ 
that  time  of' night,  they  could  not  know  tlieir 
faces,  and  they  uil  rid  away. 

Mr.  Craven,  My  lord,  if  you  please,  the 
witnesses  may  speak  by  degrees,  and  between 
every  witness  1  will  give  the  jury  an  account. 

L,  C.  /.  W  ell,  it  shall  be  so ;  but  they  say 
no  more  than  what  I  tell  yon,  That  three  men 
did  do  this.  Then  he  uterpreted  it  to  thr 
Jury, 


11]        STATE  TRIAL?,  34  C04I&I.S&  IL  iSh^^^^mndalursJvr  Murder. 

Mr.  Crweeit.  He  gays  he  ban  that  three 
ttOD  did  de  it,  but  he  says,  he  does  not  hear  that 
ihejkBetr  anj  of  theno. 

Then  Mr.  Hobbs  was  sworn. 


[t1 


Mr.  Wiliiaau.  Had  Ton  the  searching'  of 
Mr.  Thynn's  body  «fter  it  v  as  hurt  ? 

JETtfMs.  Yes. 

Mr.  WiiUams.  How  did  you  find  him  t 

HoUn.  1  was  with  hnn^Hir,  that  night  he  was 
viNBided,  and  I  ibiiiid  him  sliot  with  four  bul- 
kls,  iHuch  entered  iiite  bis  body  and  tore  his 
gob,  and  wounded  his  liver  and  hia  stomaeh, 
and  his  gull,  and  wounded  his  ffreat  guts,  and 
biisniattflrnts,  and  broke  one  of  the  ribs,  and 
woonded  the  great  bone  below. 

Sir  jRno.  Whuu  What  time  came  you  to 
him? 

AiUf.  Abont  9  or  10  of  the  dock. 

Sir  Fra.  Winn.  Did  he  die  of  those  wounds? 

IMfo.  Yes,  he  did  die  of  diose  wounds. 

Mr.  WiUiams.  Did  you  apwehend  them  afi 
unUii,  or  any,  or  wfaioi  of  them  ? 

Holit,.  I  Miere  there  was  never  a  wovnd 
bat  it  mightjnrore  mortal. 

8k  Fm.  ITtmi.  Now  tell  ns  what  day  of 
tiiewe^  and  what  d^  of  the  month  it  was. 

HoUs.  It  was  Sunday  night,  the  ISth  of 
February,  I  thmk. 

ImC.  J,  What  did  you  obsenre  of  the  bul- 
leJts;  was  there  any  thing  done  to  them  more 
than  ordinaiy  ? 

floMa.  I  oeuhl  not  see  any  thing,  I  have 
taCBi  herey  floy lord. 

Lord  Chief  Banm.  Were  they  iron  or  lead  ? 

Then  Mr.  Hobbs  delivered  them  into  Court. 

Bohbg,  Two  of  them,  the  little  ones,  may 
be  iron ;  for  one  of  them  went  through  a  thick 
bene,  and  yet  there  was  no  impression  on  it. 

X.  C*.  /.  And  this  that  has  the  impression, 
yon  think  might  be  done  against  die  bones. 

fioMi.  Yea. 

L.  C  J.  Was  this  left  ragged  on  purpose  to 
4o  the  more  misphief  ? 

Hobbi.  Which,  mv  lord  ? 

X.  C.  J.  This  that  is  left  at  the  end  here. 
Wonid  this  be  more  mortal  than  another  bullet, 
«r  harder  to  heal? 

Hoifbs,    No,  but  as  they  take  up  a  greater 

nee  in  flying; 

X.  C  X  Would  not  the  raggedness  hinder 
Aebeafiag? 

EM9*  No,  only  bruise  the  flesh,  which 
kuised  flesh  mnst  oome  away  before  it  can  be 
healed.  All  ballets  wound  by  bmisiug  of  the 
flesh. 

X.  C.  X.  WeQ,  these  were  the  four  bullets 
4pat  were  found  in  Mr.  lliynn's  body  ? 

floU*.  I  verily  believe  they  are.  Dr. 
Lavar  bad  them  OQt  of  nty  bands  for  a  day  or 
V&%  but  I  believe  them  to  be  the  same. 

X.  C  X     Was  there  any  lodged  in  the 

ilMBaeb? 
MM$.  Yea,  one  of  the  httle  ones. 
LC/j'  Bad  tbey  broke  the  great  bone? 


HM$.  Yes,  the  great  bone  in  the  bottom  of 
the  belly. 

X.  C.X  Twoofthem? 

Hobbs.  A  great  one  and  a  httle  one;  two  of 
them  passed  through  that  bone,  and  lodged  in 
the  back-bone. 

X.  C.  X  W  as  any  of  them  gone  through  th^ 
body? 

Hohbs.  Oce  of  tbcm  lay  between  the  ribs 
and  the  sidn. 

X.  C<  J.  None  were  got  quite  through  then  ?- 

Hobbs,  None. 

Hir  Fra.  Winn.  Call  the  Coroner,  Mr. 
White. 

X.  C.  X  Tell  the  jurVi  Mr.  Craven,  vfiink 
this  witness  has  said.  ['1  hen  he  interpretad 
it.  > 

X.  C.  X  What  says  that  g^entleman  ? 

Mr.  Craven.  He  says  'lis  very  well,  ha 
understands  part  of  it 

X.  C.  X  Db  thereat  of  them  understand  it? 

8ir  N.  X  He  told  it  in  French  to  the  others. 

X.  C.  X  Let  Mr.  Hobbs  have  the  buUela 
again  when  the  jury  have  seen  them. 

Then  Mr.  White  was  sworn. 

Sir  Fra,  Winn.  Now  we  wiU  ask  the  Coroner 
a  question  or  two.  Pray  will  you  acquaint 
my  lord,  what  you  know  of  this  murder  of  Mr. 
Thynn. 

White.  On  the  13th  of  February,  in  tha 
afternoon,  I  sat  upon  the  body  of  Tlionias 
Thynn,  esq.  and  I  tound  he  had  four  holes  on 
his  right-side,  behind  his  short-ribs,  and  they 
seemed  to  be  like  holes  made  with  buHetSb 
And  ^g^^^  order  to  o|)en  the  body . 

X.  C.  X  And  there  the  bullets  were  found  ? 

White.  There  the  surgeon  found  them* 

X.  C.  J.   Were  you  bv  ? 

White.  I  was  at  the  taking  them  out. 

X.  C.  J.  'Tis  fit  that  the  Polander  should 
have  one  to  interpret  what  is  said  against  him. 

Mr.  Wiliiams.  Captain  Vratz,  you  hear  what 
is  said,  and  understand  it. 

Interpreter,  He  says  he  does  understand  it% 

Mr.  WiUianu.  Fray  tell  the  Polander  wha& 
19  said.  That  is,  tlie  two  first  initnessea  say, 
three  persons^  assaulted  the  coach,  and  one 
shot  into  the  coach,  dnd  by  that  meanF.  Mr. 
Thynn  was  killed,  by  the  shot  out  of  the  blun- 
derouss :  And  the  surgeon  does  say,  that  these 
four  bullets  Here  found  in  his  body.  [Then  it 
was  interpretfid  to  the  Polander. 

Interpreter.  He  says,  my  lord,  he  cannot 
tell  hov^  many  i>iiUets  were  in,  he  did  not 
cbai'ge  it  Ininsetf,  but  be  tired  it,  he  says. 

Hir  !></.  Winn.  Wo  confesses  he  tiret)  t^ien. 

Sir  W.  Roberts.  My  lord,  the  jury  desire  to 
know  if  the  Pole  can  tell  who  did  charge  it? 

X.  C.  X  Ask  him  who  charged  it. 

Interpreter.    He  can  tell,  my  lord^  he  says. 

L.  C.  X  It  will  not  be  very  (naterial  that,  for 
his  evidence  can  charge  no  body  but  himself. 

Sir  Fra.  Winn.  Now,  my  lord,  if  you  please 
we  will  call  those  peiwjns,  the  justices  of  the 
peace  that  examined  these  men  upon  their  ap- 
prehension, fur  the  murder  of  Mr.  Thynn. 


p 

Bridgman,  Yes,  I  was.  And  these  were  the 
eaamiBBtioiM  that  were  taken. 

Sir  Fra.  Winn.  Wei'e  you  by  all  the  while  f 

Bfidgman,  ^r  i.ohn  Reresl^  and  I  did  take 
these  examinations  *.  And  I  will  read  then  if 
|F«u  please. 

L.  C.  J.  As  to  that,  let  it  alone,  if  you  please. 
Mr.  firidgaian,  when  the  Poknder  was  exa- 
Mined  ooaoernini^this  murder,  what  did  hesay  f 

Bridgman.  He  owned  it,  to  the  best  of  m^ 
remembntfioe ;  hut  i  refer  la  theexaooination  if 

L.  C.  J,  Look  upon  it  to  refresh  your  me- 
mory, Sir,  and  then  tell  us. 
.    Mr.  WUliama,  Looklhst  what  the  Polftilder 
•aid,  and  then  we  wfll  go  on  to  ethers. 

Sir  Fra.  Winn.  Now,  Sir,  will  you  pAease  to 
acquaint  my  lord  and  the  jury  what  he  or  any 
of  them  confessed  of  the  fact. 

Z.  C.  J.  What  the  Polander  oesfessed  first. 

Bridgman.  The  Foiander,  «pon  his  examifia- 
tiaa  befiire  air  John  Reraebv  and  <ne,  did  wm. 
that  he  came  into  England  at  the  desire  of 
iMunt  Cooinffsmark. 
*  L.  C  J.  Speak  only  as  to  himself ;  f«r  it  is 
svidcaeeonly  against  nimself. 

9it  Fra.  Winn.  My  lord,  his  eoafession  is 
matAte,  and  we  oanH  separate  it. 

L.  C.  J.  But  we  tnuat  Arect  what  is  ^mt 
and  fitting.  His  evidence  can  ehar^  no  body 
but  himself;  and  that  is  the  reason  t  wonJd  not 
hare  his  examination  rea^ ;  for  it  cannot  be 
read  but  only  against  himselT. 

Mr.  Bridgman.  Upon  his  «xaminatioB  he 
oonfsssed,  that  he  was  pcesei^t  when  the  oafi- 
tainetapped  the  oeach  ;  that  he  fined  the  saus- 

2uetoon  ky  the  captain's  order ;  and  that  before 
e  did  it,  the  captain  bid  him,  asssOTi  as  ever 
Im  had  stopped  the  coach,  to  fire. 
.    «ir  Fra,  Winn.  IMd  he  confess  he  did  fire  P 
Bridgman.  Yes,  he  did. 
X.  C.  J.  North.  As  he  does  now. 
L.  C.  J.  Look  you,  now  do  yon  isH  the  Po- 
iander,  that  the  evidence  against  him  is,  «hat  he 
ilid  fire  this  musi^ueloon,  or  UundeiiHiss,  or 
what  you  will  call  it. 

inierpreier.  He  d^es  confess  it. 
"  .     '  ■  ■ — • —  ■.  ■       III..- 

*  **  These  Examinations  are  i&sevtad  attfaesnd 
of  this  trial,  the  chief justieei  out  of  Ikroor  to  I 
4M>ant  Cooiugsmark,  not  perraittinff  them  to  be 
read  in  court,  as  he  ought  to  have  done ;  fivr  the  ' 
examinations  are  indeed  no  eridi^nce  against 
Aoy  butiheexaminant,  yet  are  they  not  to  be 
suppressed  beoanae  nanaing  otbeis,  but  onght , 
nevertbeles    to   be  read,    thougli    witli  the 
fifiiMsaid  cantioa  to  he  given  to  the  jury,  ether- 
^^e  the  most  material  evidence  might  be  quite 
Mgleeted,  since  ail  eonfiwriaas  niiist  be  taken 
ffflcre*  or  not  at  aU.''  KoteJA  imam  sditiMi.     I 


n]     STA1£  TRUI^,  34  C1IMI.BS  IL  1 68fi^«Mi/<^  C^mt  CmumgMsrk      [24 

VOali  Mr.  fiindgmidi  md  eir  John  JhM*y.        L.  €./.  3M4iviWhatiMr,tfiat4his  «ri- 
[Who  were  sworn  standing  upon  thetendi.  j      deneeis  giw  agniit  him  t  That  te  4id  ^- 
Interpreter.  My  lord,  ne  says  the  blander-    taeriy  wSauomlAge  hcdis<^fgedtfag  idonfisr 
liuss  fwas  giFon  fatm  by  the  eaptain.  buss  into  the  coach,  when  4»pta9a  VniB  u^ 

1  Sir  Fra.  Winn.  Mr.  Bric^man,  wmfc  you    ped  the  coach. 

by  at  the  tidnng  of  the  ezaminaftien  4if  these        Interpreter,  Yes,  my  lord,  he  says  it  is 

trae,  he  fired  aoeonKng  to  his  order. 

Sir  Fra.  Winn.  Pray,  Sir,  ooDsider  "whak 
was  confessed  by  the  captain. 

Bridgman.  He  confessed  he  had  a  4ls8igii  to 
fight  with  Mr.  Thymi,  and  Mr.  "VlbYciB  tering 
several timesrefuaed  to figli*  with  ikta^hie  ve- 
solved  to«hHgehim  to  -fight  (by  dbroe,  and 
therefiire  he  had  taken  these  fensoas^ilaog-widi 
him  ;  that  if  he  should  fail  in  his  jreyenge,  «r 
after  the  thing  done  he  shevld  be  pursmad,  4m 
might  make  bis  jesoape.  He^saodesBed  ibe-was 
there,  and  slopped  the  coach,  hat  the  JM^aiaii 
fired  by  mistake  ;  for  he  did  not  bid  him  Ana, 
but  only  in  case  he  should  he  Jnodered  fiom 
figfatiflg  or  aaaking  his  esoope. 

jL.  C.  J.  He  confessed  iie  osme  to  fight  Mr. 
ThnwP 

Bridgman.  Yes,  lie  did  so. 

L.C.J.  Andthct  he  stopped  the  coaehf 

Bridgman.  Yes. 

Sir /rs.  Wkm.  You  said  lAtfAediaogwas 
done,  what  was  that  thing  P 

Bridgman.  After  he  had  faaght,  in  4Mse  he 
should  be  stopped  in  his  escape,  be^Hd  iiie  P<^ 
laM^ttT  fi  rB 

fik  Fn^  mnn.  Did  he  confess  any  tiriiif  ef 
the  delivery  of  the  gun  to  him  P 

Bridgman.  HeoonfVMSod'the  IV>la«dcr  had 
die  gu.i,  but  he  said  nothing  firem  iwlioaB  lie 
faadk. 

JC.  C.  J.  Now  captain  Vratz,  yo^  bev  wihat 
is  said  against  you  by  this  gentleman  ;  that  you 
owned  yau  came  Ihithsr  with  a  design  to  fig-ht 
Mr.  Thy  on,  and  foroe  hiss  to  fight  if  hesbooid 
not  be  wiUing ;  and  you  bsought  these  ■son 
with  you  to  carry  yon  off',  in  ease  you  eh«uld 
kill  ium  ;  that  310U  didstop  the  osach,  «Bd  you 
said  you  did  not  give  him  ordei'  tofire«Blee6  he 
refused  to  fight  yon. 

Bridgman .  N  o,  unless  he  cohU  not  make  km 
escape. 

L.  C.  J.  Kow  what  say  you  to  this  ? 

Ahr  N.  JisbsuDn.  He  wires  to  uoderstBBd  it. 

L.  C.  J.  Whv  then  speak  itto  him,  yaii  that 
arc  rhe  uatforpaaer  P 

[Then  Mr.  Craven  interpreted  it  ta  bin  in 
French.] 

L.  C.  J.  Now  speak  aloud,  and  tell  iis  «fbat 
he  says. ' 

Mr.  Crtum.  He  says  it  is  very  true,  that  he 
was  there,  and  bad  that  gentleman  and  the  l*o> 
lander  along  with  him  as  his  servants,  Mr. 
Tbynn  being  a  gentleaaan  fiiat  had  always  a 
gi  eat  many  servants  about  Iiim.  And  be  s^, 
mv  lord,  that  be  had  received  an  affioiit  feom 
Mr.  Th^nn;  upon  that,  be  dialleaged  him, 
and  sent  letters  oat  at'  lioMand  ts  desire  hbn 
to  give  satisfectioB  by  fighting,  but  cwdd  have 
no  satisfaction  ;  and  therefore  because  in  M^aig- 
landHu«>lswerel(Hhii',hetbs«gfat  to  aaabe  a 
renesnoler  ai  st,  aad  4^  these  fsutlsnea 


3 


H]     ffoant^muMA, 


kktt,  tiiat  tf«o  lie  Mr.  i^jnn's 

«h«aMtt9««tthiiiii,  «rkn9eklte  jm 

li,  «r  hinder  Irim  liW  caoapiBg',  1b«t 

fc,  that  yott  iwmi«[  aAfem  one  ^wertiOD,  imd 
Atttis,  WlwtilieafitMit^vM  ^MtMr.  Tbyim 
fVPehiiiiP 

X.  C  J.  That  he  apprehends  be  g«^e  him  ? 

f1%e  laterpretoriKked  hin.^ 

Mr.  Crtnem.  Myior<l,4iefn^8,  tfaattttHNfh- 
VMnid  he  heard  be  ^Mkeand  gmye  out  very  til 
^fygc  of  count  GomngSHiaifc,  kHio  was.  hi3 
fiiew),  and  a  nan  he  had  many  obh^tieiis  to, 
aad  ao  of  hmeelf  too,  and  he  woold  never  ac- 
^oaiot  count  Coiuiigsmark  with  it,  but  would 
hare  satisfaetioB,  and  take  Ihe  quarrel  apon . 
hinadf,lieta|^  a  mrtleniaD  ;  he  says,  that  he 
heard  that  he  called  him  Heetor,  and  fjave  widi 
ai  kngoaflre  as  was  never  to  be  eoffered. 

Sr  N.Jokmim.  And  the  ^hion  in  Germany 
ia,  if  Aey  wwa't^^  to  shoot  Aein. 

*ir  Fra.  Winn.  How  can  you  tefl  that,  Sir  ? 
the  mierpreter  <bat  asked  me  question  says  no 
such  thin^. 

L.€7j.  Pray  wiHyouaskhimthis, whether 
ever  he  saw  Mr.  Tbynn,  and  bow  many  times  ? 

Mr.  Craven,  fie  si^s  he.  has  aeen'him  «e- 
vsnrf  Imes  in  the  f^^house,  and  ndin^  in  his 
coach  ;  he  did  not  see  hhn  at  Riehmood,  for  if 
he  had,  he  woold  not  have  put  it  op  so  lon^. 

Mr.  Williams.  I  believe  be  never  spc^e  to 
fain  in  his  life. 

X.  C.  J.  Ask  him  that  question^  whether  he 
ever  spoke  to  bi^A? 

Mr.  Crtseen.  He  says  he  had  no  fiiend  to 
«wd  to  Mr.  Thynn,  and  he  eo«dd  not  speidc 
with  Mr.  Thynn  himself;  for  Mr.  Tbynn 
fsight  think  Aat  he-wM  not  a  gentleman  good 
caongh  to  fight  with  him. 

L.  C,  J.  Ask  him  this,  aboot  what  time  he 
saw  him  at  the  piay-house. 

Mr.  CrowCTi.  He  says  be  does  not  remem- 
ber exactly  the  time  when  he  did  see  him  at 
<he  plMr-hoose. 

L.  C.  J.  Ask  him  vi4iefher  this  affront  that 
4e  pieteuds,  was  given  skiee  be  last  came  over 
ar  when  be  was  in  England  before  P 

ifr.  Crttcen.  He  says  it  is  eight  months  ago 
since  he  neoeiTed  the  affhmt. 

L.  C.  J.  That  was  before  he  went  out  6f 
^laod? 

Mr.  Craven,  Yes,  it  was  before. 

8Br.PVv.lFmn.  HesayshewritioMr. Thjnn 
'Sutof  H<^nd  ;  we  desire  to  know,  by.  ivbom 
be  sat  his  challenge  ? 

L.  C.  J.  Ask  him  if  he  sent  a  challenge  to 
Mr.  Thyrai  and  bv  whom  ? 

Mr.  Craven.  He  says  he  could  send  no  less 
tinD  a  genllemaii ;  and  he  had  never  a  gen- 
deman  to  send  by,  and  so  he  Rent  his  letter  by 
the  post. 

Mr.  Wiltiams,  Mr.  Brid!^mfm„  now  we 
vimid  ask  you  concerning  l^lr.  Stern,  the  third 


BrUgman.  I/et  me  have  the  examinyljon, 
ntf  I  «nll  KnA  upon  it  and  teU  you. 


MEc  WUlimi.  »Riy,do,6ir,^41«s«rfaitW 
said? 

Mr.  J3ri^||man.  Upon  hi^  eooimiaaliaa  he 
oonfased,  that  the  eaptmn  tcdd  him  he  had  « 
quamel  wnAk  a  geodenaa,  aad  tbitif  he  mmAi 
assist  him  in  it,  he  would  make  his  fartnac. 
And  that  the  «aptaiB  gave  himoaoneyto  buy 
the  blunderbuss. 

9k  Fra.  Winn,  ikmok  did  omfass  that,  did 
he  P  Bridgman.  Yes. 

JLC.J.  Did  he  oonjaas  he  was  atlfaelhstf 

Bridgnmn.  Yes,hecoafiBBaedhe  wasattho 
fact ;  and  he  said  when  he  oame  beyond  Cfaa- 
liae  Gross,  he  was  about  ten  yards  before^ 

andPhe  heard  tbe  captain  say ,  stop,  to  Oie  cmi^ 
upon  which  be  tamed  aoaut,  and  pme^rily 
saw  llie  shot  made,  a&dhe  saw  the  otherper- 
sons  ndeaiway,  and  he  made  away  after  them : 
andlbe  captain  further  told  him,  that  he  would 
iriae  :t««  or  tbve,  or  £B«r  hundred  crowns,  to 
il«da  man  that  would  lotll  Mr.  Thymi. 

Sir  Fra.  Wmn.  What  4lid  he  qieak  abevt 
stabbing,  er  about  an  Italian  ? 

BridgmtM.  He  said  tbatihe  eaptaia  dashed 
him  to  Mt  an  ItaUai^  that  wojU  atob  a  man, 
and  4hathe  ««mU  get  two  paniaris  for  that  pur- 
pose ;  and  that  it  was  before  the  Polonianoame 
over. 

X.  C  /.  This  is  DO  evidanae  againat  the 
captain ;  but  pray  nfiUyanteM  Stem  the  heutea* 
ant  wdiat  it  is  that  Mr.  iDridgman  does  testify 
against  him ;  that  he  ackaowladged  thus  and 
fhus  before  him.  And  pray  i^ieak  it  again,  Mr. 
Bridgman. 

Eridmmn.  Tbe4iaptain  told  Aatgoatiemaa, 
that  he  had  a  quairel  with  a  gantleman,  with 
whom  he  was  resolyed  to  fight ;  that  he  wasted 
a  goodaeirvant,  and  if  be  would  asskt  him.  be 
would  make  faia  fortune ;  that  he  gave  bim 
money  to,buv  the-  musqnetoan,  and  owned  he 
was  there  ;  that  he  went  out  with  the  captain 
and  Folander  on  honebaok,  afamit  fiva  «r  sia 
o'eledc  on  Bmiday  ;  that  ihey  went  towards 
Charing^ross,  and  when  they  were  gone 
beyond  Charin^-eross  into  the  Pall-MaH,  he 
heard  the  captam  say  to  the  coachman,  stop- : 
and  turning  immediately,  he  saw  the  shot  go 
off;  and  that  theyridmg  away,  he  followed 
them  ;  and  that  before  tbe  Pdander  came  aver 
the  captain  desifadhim  to  get  an  Italian  to  atah 
a  man. 

[Then  that  was  indcrpveted  to  iitem.] 

Mr.  Craven.  My  lord,  he  denies  Ihat  i|e 
spohe  any  thing  of  tour  hundred  poo&ds,  #r 
alMHittbe  Italian. 

L.  C.  J.  Tel)  bim  it  is  testified,  that  be  csn- 
iessed  ho  was  at  tlie  shooting  of  this  gentleman. 

Mr.  Craven.  He  says  l»e  was  there,  and 
brin^  about  ten  yardi  o(F,  he  heard  one  aay 
Hold,  to  the  coach,  but  he  cannot  say  it  was 
the  captain. 

8ir  Fra.  Whfin.  But  was  he  tbei'e  ? 

Mr.  Craven.  Yes,  he  say s  he  was. 

8ir  Fr«.  Winn.  Who  caused  hioi  to  be  there  T 

L.  C.J.  Ask  him  upon  what  occasion  he  was 
there? 

Mr.  Craven,  He  says  tbe  capiaia  entfeatid 


t7]     STATE  TB I ALS,  U  tnknhn  If. .  1 68t.-*7Wir/  of  (^mt  Ccningmaark     [tt 


bim  to  be  thereto  be  bb second,  to  figbt  with 
a  gentleman,  aud  that  was  the  reason* 

L.  C.  J.  Pray  tell  him  it  is  testified  here, 
that  he  bought  the  musqaetoon  and  charged  it. 

Mr.  Craven.  He  says,  he  did  assist  at  the 
loading  of  it,  he  was  by. 

Sir  Fra,  Winn.  Pray,  ray  lord,  let  lis  know 
who  it  was  asdsted  him  ? 

X.  C.  J.  Why,  that  is  no  evidence  against 
any  body. 

Sir  Fra.  Winn,  But,  my  lorfl,  it  was  deli- 
vered to  the  Polander  charged,  and  we  desire 
to  know  who  loaded  it  r 

L,  C.  J.  North.  That  is  no  evidence ;  but 
yet  the  question  may  be  asked,  and  then  the 
jury  may  be  told  it  is  no  evidence. 

JL.  C.  /.  But  We  must  not  let  the  jury  be 
possessed  by  that  which  is  not  evidence. 

jL  C.  J.  North.  Pray  will  yon  ask  him, 
Mr^  Craven,  who  helped  him  to  load  the  gun  ? 

Mr.  Craven.  The  captain  was  by,  he  2a;*s, 
and  the  captain  and  he  did  it  together. 

Sir  Fra.  Winn.  Now  we  wiUask  Sir  John 
Reresby  the  same  questions :  you  were  by,  Sir, 
at.  the  examinations  of  these  three  men,  |>ray 
what  did  the  Polander  say  uponhb  examina- 
tion? 

Sir  John  Rere$by»  My  *lord,  I  cannot  charge 
my  memory  wijtfi  the  particulars  ;  but  if  your 
lordship  pleases,  I  will  read  it 

X.  C.  J.  No,  refircish  your  memory  with  it, 
and  then  tell  us  the  aobstance  of  it 

Sir  JoAji  Rere^jf.  In  general,  he  did  confess 
to  me,  thai  he  was  the  person  that  did  discharge 
the  blunderbuss  into  Mr.  Thynn's  coach,  and 
that  he  was  commanded  so  to  do  by  captain 
Vrata. 

L,  C.  J.  That  is  the  substance  of  all. 

Sir  Fra.  Winn.  That  is  as  to  him ;  but  what 
did  Captain  Vratz  say  P 

L.  C.  J,  He  said  mat  he  did  go  out  with  an 
intention  to  fight  with  Mr.  Thynn,  and  did  take 
these  persons  with  him ;  that  he  did  not  order 
the  Polander  to  discharge,  but  he  mistook 
lum  when  he  bid  the  coachman  stand,  the 
other  apprehended  he  bid  him  shoot,  and  he 
did  so. 

Mr.  William.  What  said  Stem? 

Sir  J.  Reresby.  Stem  did  say  this,  that  the 
4Mtain  told  him  he  had  a  quarrel  with  an  £ng- 
.  lisn  gentleman,  and  desired  him  to  go  along 
with  nim  and  assist  him  in  it,  and  be  his  se- 
^nd ;  but,  said  he,  1  was  chieHy  carried  out 
#0  keqM^flr  the  people,  in  case  there  should  be  a 
croud  about  them  when  they  were  fighting ; 
llus  is  the  chief  part  of  what  tliey  did  confess. 

X.  C.J.  We  would  not  trouble  you  with 
more  tlian  is  material.  Did  he  acknowleilge 
lie  was  there  at  the  time  when  he  was  shot  ? 

Sir  X  Rere$bjf,  Yes,  he  did,  about  nine  or 
ten  yards  off,  1  think. 

L,C.J.  iJl  three  confessed  they  were  there? 

Sir  X  Rtn$by.    Yes,  they  did  so. 

JL  C.  J.  (North.)  Tbev  had  a  design  of 
Uliiig,  which  was  unlawful. 

Ba  X  Rere$by.  They  said  they  cameonpnr- 
piVtto  fight 


Sir  Fra.  Winm.  CaU  Mkbael  FenidcratoD* 
M^  lord,  we  would  willingly  spare  your  time* 
and  offer  only  what  is  proper  m  tliis  case,  and 
now  we  shall  produce  our  evidence  against  the 
Count,  and  if  any  thing  fall  out  ia  that  evi- 
dence that  touches  these  tlu*eeinen  (which  wt 
think  will  be  but  the  killiug  of  dead  mitu}  yovir 
lordship  will  take  notice  of  it.  Now  wc  shall 
not  go  to  open  the  heads  of  our  evidence 
against  the  connt  Sir  Francis  Withens  baa 
given  an  account  of  the  general,  and  our  wit- 
nesses'wiU  best  declare  it 

Mr.  Williams.  We  will  begin  with  Frederick 
Hanson.  [Who  was  sworn  aud  stood  up.] 
Uow  long  have  you  known  count  Conioga- 
mark  ? 

Hanson.  A  matter  of  four  years. 

Mr.  Williams.  Pray  do  you  remember  his  last 
ooming  into  England  ? 

Hanson.  Yes,  my  lord,  I  do  remember  it. 

Mr.  Williams,  Then  let  ns  know  the  time  ? 

Hanson.  I  think  it  is  above  a  montli  since. 

Mr.  Williams.  Where  ^vas  his  lodging  first  f 

Hanson.  The  first  time  1  saw  hiai  was  in  tba 
Post-bouse. 

Mr.  Williams.  Did  he  come  privately  or  pub- 
licly ? 

Hanson.  Privately,  to  my  best  knowled^. 

Mr.  Williams.  W  hich  ^ras  his  first  lodging  f 

Hanson.  In  the  Hay-Market 

Mr.  Williams.  Where  there  ? 

Hanson.  At  the  comer  house. 

Mr.  Williams.  How  long  did  he  oontinue 
there? 

Ifaiuon.  A  matter  of  a  week. 

Mr.  Williams,  Pray  in  all  that  time  did  he 
keep  privately  at.  home,  or  did  he  go  abroa4 
sometimes? 

Hanson.  1  believe  he  kept  his  chamber  all 
the  time. 

Mr.  Williams.  Were  you  with  him  at  any 
time  there  ? — Hanson.   Yes,  1  was. 

Air.  Williams.  What  company  did  use  t6  be 
with  liim  to  your  knowledge  ? 

Hanson.  To  my  knowledge  I  have  seen  Dr. 
Frederick  in  his  company. 

Mr.  Williams.  One  Dr.  Frederick,  you  say, 
who  else  ? 

Hanson.  When  I  came  from  Whitehall  on  a 
Sunday  in  the  evenintf,  when  my  lord  was 
going  to  bed,  I  called,  if  I  could  be  admitted  to 
see  him,  so  I  went  in  to  him,  and  a  liule  alter 
the  doctor  came. 

Sir  Fr.  Winn.  Pray,  Sir,  at  that  time  thathe 
was  in  that  lodging,  did  he  wear  his  own  haic^ 
or  was  he  in  a  msguise  ? 

Hanson.  That  Sunday  night  he  was  in  his 
night -cap  and  night-gown,  ready  to  go  to  bed. 

Mr.  Williams.  When  j^ou  first  came  to  him 
to  the  Post-house,  did  you  go  of  your  own 
accord,  or  were  you  sent  for  r 

Hanson.  Count  Coningsmark  sent  Ibrme^ 

Mr.  WilliasHs.  Was  it  sent  in  his  own  name^ 
or  in  the  name  of  anotlier? 

Hanson.  It  was  in  a  strange  mane,  Carlo 
Cusk. 

Mr.  William.  Have  yoo  the  note  by  yonf 


JTcMKm.  No. 

Mr.  WiUiams.  hk  ^vhose  cbanicter  was  it 
vrit? 

Hantm.  In  thje  t»nnt*s  own  character. 

Sir  FV".  Winn.  What  was, his  name  in  his 
fee  lotlgia^  ?  What  title  was  he  called  by, 
captaiii,  or  what? 

Hanson.  I  know  of  no  other  name  but  only 


291         STATE  TRIALS,  34  Charcbb  I!.  l6^%.^tknd<fiher§Jw  Murder.  [SO- 

]rou  are  a  man  of  onderstanding',  did  yoa 
frequently  see  captain  Vratz  in  his  company  f 
Mow  often  do  you  remember  you  saw  him  at 
his  lod^ng  ? 

Hanson,  I  do  not  remember  that  I  saw 
captain  Vratz  at  that  lodgings  above  one  single 
time. 

BIr.  WUlittfM.  Pray,  Sir,  thus :  Did  captain 
Vratz  come  with  the  count  into  England  thia 
last  time  ? 

Hanson.  To  my  best  remembrance  he  did. 

Mr.  Williams,  You  say  captain  Vratz  came 
with  the  count  to  England. 

Hanson.  I  belief  e  he  was  before  the  count, 
but  not  long  before :  I  cannot  exactly  tell. 

Mr.  Williams,    How  long  bei'oretne  count? 

Hanson.  Truty  1  cannot  tell,  bot  I  beliere 
not  long. 

Mr.  Williams,  What  makes  yon  think  he 
came  into  England  with  him  f 

Ha/ison,  Because  I  saw  hini  in  oompsny 
with  the  count,  as  soon  as  I  saw  the  connt. 

Mr.  Williams.  Were  they  in  oompeny  at 
the*po8t-faouse  ?'^Hanson»  Yes. 

Nir  Fr.  Win,    And  you  saw  him  eiwe  at  Ini 
firht  lodging  l*—£ran«on.  Yes- 
Mr.  WilTiafns.   Ptay,  Sir,  haTe  you  carried 
an^  message  from  the  count  to  the  Swedish 
resident  ? 

Hanson.  My  lord,  I  can  say  tliis  upon  my 
oath,  to  my  best  remembrance,  count  Coning»* 
mark  nerer  charged  me,  or  gave  me  any  ])osi<' 
tive  order  to  go  to  the  Swedif^h  envoy,  but  ho 
diti  name  the  Swedish  envoy  to  me,  as  if  he 
were  willing  to  know  his  advice;  and  so  f 
being  obliged  to  pay  my  respect  to  the  Swedish 
envoy,  who  had  treated  the  young  count  and 
myself  very  civilly  before ;  and  so  paying  raj 
respects  to  the  said  envoy,  I  did  remember  the 
conversati*  n  I  had  with  the  count,  and  spoke 
with  the  said  envoy  about  this  business,  and 
that  is  all  that  I  can  say. 

Sir  Fr.  Win,  What  was  that  message  ? 

Hanson.  I  say  there  was  no  direct  message : 
But  I  say  this  was  the  business :  count  Uo« 
ningsmarlc  told  me  in  prirate  fiimiliar  dis- 
course, that  he  had  lieard  that  esquire 
Tbynn  had  spoken  some  abusive  langfoaffn 
of  him,  and  he  would  tain  know  what  uo 
consequence  of  this  would  be  if  he  eboold ' 
call  him  to  account  about  this  business  ?  And 
he  named  the  Swedish  envoy  to  me:  And 
I  saw  his  desire  was  to  know  his  opinion 
about  the  busiuess,  what  the  oanseqnence  of  it 
would  be.  So  1  spoke  to  the  Swedish  enyoy^ 
and  he  g*ave  roe  this  answer.  That  if  the  Obnnt 
should  any  way  meddle  with  esqnire  Thynn 
he  would  have  but  a  bad  living  in  England  (^ 
bitt  what  the  law  wonld  say  in  that  partieular 
case  he  could  not  answer,  but  he  would  en* 
quire,  and  atterwards  would  give  me  an  ac* 
count :  but  I  never  spake  with  him  after. 

Sir  Fr,  Win,  I  ask  you,  beoause  you  haro 
bceu  formerly  examined  in  another  pifoe, 
about  this  matter ;  do  you  remember  anything 
that  ever  yon  heard  the  count  ipeekilig  w 
fighting  with  Mr.  Thy  no  ? 


Sir  Fr.  Winn,  Was  it  known  to  any  person 
in  die  family  ?  -^Hanson.  No. 

Mr.  Willunns.  When  did  he  remove  from 
tiience  ? —  Hanson .  I  know  not. 

Sb"  Fr.  Winn.  Yon  say  the  first  place  of  his 
M^Dg  was  in  the  Hay- market,  where  did  yon 
wee  him  the  second  time  ? 

HcuMon.  At  a  corueriiouse,  I  know  not  the 
ttune  of  the  street. 

Sir  Fr.  Wiihens,  Did  he  direct  you  to  come 
tohim? 

'SUt.  Wiiliams.  Had  you  any  discourse  with 
him,  what  his  business  was  here  in  England  ? 

Hanson.  I  asked  liim,  if  we  should  have  his 
fompany  here  some  time  ?  He  told  me  he  was 
l^»me  over  about  some  business,  and  was  after- 
wards togo  into  France. 

Mr.  Williams.  Then  he  never  told  you  what 
^mt  badness  was  ? — Hanson.  No. 

Mr.  Williams.  ^Vhere  was  his  second  lodg- 
(pg,  do  you  say? 

Hanson.  It  was  at  a  comer  house^  not  above 
two  streets. oflTfttMn  the  former. 

Mr.  Williams.  How  long  did  he  continue  in 
his  second  lodging  ? 

Hanson.  A  tew  days,  because  the  clumney 
lid  so  smoke,  that  he  could  have  no  fh-e  made 
IP  It. 

Sir  Fr.  Winn.  Then  I  ask  you  in  his  se- 
eeod  lodging,  was  he  tlierc  publicly  or  pri- 
Tstdyf 

Hanson.  He  was  there  afler  the  same  man- 
ner that  he  was  in  his  first  lodging. 
Mr.  Wiliiams.  Whither  went  he  afterwards? 
Hanson.  Tb  St.  Martin's-lane,  I  think  it  Is 
foHed. 

Mr.  WUliams.   How  long  did   he  continue 
there? 

Htnson.   There  I  saw  him  the  last  time  be- 
fore he  went  away. 
Mr.  WiUinms.  *When  was  that  ? 
Hanson.   It  was  Sunday  evening,    after  I 
oame  from  Whitehall. 

Mr.  Williams.  Was  it  near  the  time  of  kill- 
kig  Mr.  Thynn? 

Hanson.  It  was  about  two  or  three  hours 
afterwards. 

Mr.  Williams.  Was  he  as  private  there  as  he 
was  in  his  otlier  lodgings  ? — Hanson,  Yes. 

Mr.  Williams.  What  company  came  to  him 
fliidier?^ 

Hanson.    The  same  that  came  to  him  in  the 
idler. 
Sr^r.  Win.  Who  were  they? 
Hanson.  The  doctor  was  in  his  company. 
fkeFr.  Win,  And  who  else? 
Hanson.  I  saw  one  captain  Vratz  there. 
Sr  Fr,  Win*  Sir,  I  ask  you  upon  your  oath, 


Haiwm,  CooBt  CoBiagmlark  spoke  to  hm 
in  the  Germki  luDffuage ;  I  spoke  to  the 
SSwedish  agent  in  French  ;  and  when  I  was 
before  the  King  and  council  I  spoke  in  English; 
tfierelbre  I  desire  no  eril  construction  may  be 
nade  of  it.  I  cannot  remember  tiie  count 
spake  of  killing  or  duelling.  On  the  contrary 
i  oan  swear  for  count  ComngsuMurk  this,  That 
1  am  confident  he  never  told  me  that  he  had 
resolved  or  would  fight  with  Mr.  Thynn  or 
wonid  eall  him  to  aeooant,  bat  if  he  should  eall 
kim  to  aooouttt,  what  would  be  the  ooaavquence 
of  it. 

Sir  Fr.  Wm.  Call  him  to  aeeovmt  abe«it  what  ? 

Hanstm.  The  count  in  faniliar  diseoufse 
ivith  Hie,  did  teB  me,  that  he  had  heard  esquire 
Tfa^n  had  spoke  abnsiveW  o^kim. 

Sir  Fr.  Win,  How  had  he  spoken  abushelfjv 
•fhim? 

Hanson.  He  veieeted  npa»  hi»  pereaB  aad 
aywi  bis  hevse; 

ftfp.  Wiiiiunm.  Was  there  mv  thine  m  that 
Message  about  marrying  my  lady  Ogb? 

Safuon^  That  was  the  last  part  «i'  the  qiie^^ 
iNbv  '^^^  if  ^  should  meddle  witlr  eiX|«re 
Thynn,  what  ths  eoneemeBJce  mif^  be,  if 
ttie  hrwa  wi  Englanif  wouM  be  contmy  to  him 
m  the  hopes  or  pfetensions  be  might  faanre  to 
my  lad  V  Ogle. 

tfr.  WiUiams.  Yon  mince  your  words  migh- 
ty 'y,  pray  femember  yewjelf;  Did  be  speak 
of  kilfing  Mr.  ihvnn,  or  thati  Mr.  Tkymi 
jtbovdd  her  destroyed  ? 

Hamon,  No,  biff  phrase  was,  if  he  should 
hare  wm  aidnmtage  ef  hhii^  wheof  he  shonU 
meddle  wiin  bimy  or  eaJl  bimf  to  aa  aoee«i% 
trhattbercoMB^paeaceKriiifatbe;  I  eilwsay  this 
mp^tk  niT  eoasjif  ce. 

Sir  JV.  Win,  Sh*,  yeit  are  in  &  place  wheie 
y««  ai»  swvna  to  spede  the  truth,  the  who^ 
trath,  and  nelking  b«t  the  truth:  Whait 
relation  have  you  to  eotaat  CooiDirsmaNrk's 
fiuDily  P 

Hmtmn.  I  have  m>  voiatioB  to  iSk%  ftftnily 
•tall. 

IKrJV.  Win,  iore  ttat  ysu  giwefst  t»the 
ymag  c4wit? 

HssKm.  Thecooatssa  has  gitcn  me  her 
ymmgvff  son^  fcr  me  to  be  Ms  earapoiiion  in'his 


1 682.^7VM  0f  CmM  Omtngmntk     [Sd 

L.  C.  J.  Pray,  Sir,  thus :  what  ivaa  the  dis- 
course, as  near  as  yo«  can  remember  it,  be- 
tween count  Coningsmark  and  you,  relatitt|( 
to  Mr.  Thyrni. 

L,  C.  J.  North.  Tell  the  whole,  Sir,  ihr  you 
are  bound  to  tell  the  whole  iodifferently. 

Sir  Fra.  Winn.  And  pray  rememlier  what 
you  swore  in  another  place. 

Hanson.  The  count  sent  to  me  a  note,  that- 
he  hod  »  mind  to  speak  with  me,  and  be  oi- 
tertained  me  with  a  familiar  discosurse  about 
his  tiavetting,  and  about  the  settling-  of  his  bu- 
siness, and  thereupon  he  fell  upon  other  dis* 
course  about  iVIr.  Thynn,  and,  not  o>  mistake, 
havipgr  had  time  i»  my  own  ehembery  I  have 
put  it  down  in  writings  to  satisfy  my  toed  and 
all  thie  honourable  OmrU  what  1  can  sav  a 


thie  honourable  Omrt^ 
this  matter. 


say  about 


Sir  Fr.  Win.  Sir,  I  ask  you  aplain  ysestbm, 
1st  it  lieat  yoinr  own  deor,  i#  yam  will  not  tdl 
the  trutk;  hmt  yoa  any  conversation  witli 
Cemgsnark.  irhei^in  he  did  desire  you 
advice  ef  the  SwedlBb  envoy  or  resident 
abont  dnellinr  Mr.  Thynn,  or  in  case 
ha  should  kiU  Mr.  Thyno,  or  upon  any  such 

Jimssn.  Ify  lord,  I  say  this  was  s{ioken  in 
Mveral  hmgwafss,  b^  the  Count  in  Ehttoh,  by 
myself  to  tne  envoy  m  French ;  and  I  do  know 
I  swore  bclbre  the  king  and  council,  but  I 
camiot  hnr  thin  to  cevnt  Coningmiark's  charge, 
ler  then  l  nsust  forswear  myself. 

WurFra.  Winn.  Sir,  yea  ca»  answer  nse  all 
mj  fsslms  ia  Eng&b,  tf7oa  pit 
mdiacoarsevFas. 


[OTr.  Hans'on  reads 'Tis  very  hnrd  to 

give  a  true  sfbcount] 

L.  €.  J.  Read  it  to  yourself  if  yoa  will, 
aad  toil  as-  the  substance. 

Uamm^  If  my  worde  may  net  l^um  to  tha 
orejadioe  of  my  lord  count  (Coningsmark  v 
but  this  is  the  substance  of  the  thin^ .  -  My 
lord  coniit  Coningsmark  did  teU  me  m  a  fh- 
miliar  discouvse,  that  e8i|«ire  Thynn  bad  spokea 
soma  reflsetiny  words  upon  him  ;  he  did  de- 
sire to  know  if  he  did  call  him  to  aooounty 
whether  in  this  ease  the  laws  of  England  might 
not  go  contrary  to  hw  design ,  in  uis  preten-^ 
sions  tlmt  he  mifgbt  have  upon  my  ktdy  Ogle. 
And  in  tliat  familiar  discourse,  he  sccBfied  to 
think  that  monsieur  liienburgh  could  give  him 
advice.  In  a  Httle  while  afterwsurdSft  I  ^vaa 
paying  my  respects  to  the  enroy,  and  reflect- 
ing upon'  the  Count^s  conrersation,  I  spoke 
to  him  aboat  this  business^  aad  his  answer  wan 
this  ;  he  told  me,  that  if  be  should  meddle 
^vith  Mr.  Thynay  he  would  have  no  good 
living^  in  England  :  but  as  to  the  particular 
^Mestion^  what  the  eeijne<|^ence  mk'  the  hiw 
miaiit  be,  he  did  aol;  know,  but  would  enquire 
and  tell  me  ;  but  1  never  udced  him  any  ques* 
tton  about  it  aHerwards.  And  if  my  conver- 
sation with  tliis  count,  or  with  monsieur  Lien- 
bargh,  sheuld  turn  to  the  count's  prejudice  I 
should  be  answerable  for  it  to  God  aad  my 
own  conscience,  all  the  days  of  my  life.  I 
desiee  Mr.  Thynn's  bkiod  might  be  revenged, 
but  I  desire  also  that  innoceat  Mood  may  bt 
spared. 

Sir  Fra.  Winn.  Pr^y,  Sir,  will  yoa  look 
upon  that  paper ;  you  signe«i  it. 

L.  C.  J.  North.  Only  to  recollect  your  m^ 
mory. 

[Then  he  was  shewed  his  Examination  be- 
fore the  council.] 

L,  C.  J.  Now  you  have  read  it  over  ;  that 
there  is  under  your  own  hand  ?  Do  you  near 
again  dehver  the  Sabetance  of  your  disoourse 
you  had  with  count  Coningsmark,  aa  you  will 
stand  by  it. 

Hmnwn,  Isne  thai  them  are  eSpveaNnoi  ia 
tkia  paper. 


n]        STATE  TRIALS,  34  Ch ari^ea  II.  l^^^-^-^md  Merit/or  iffttrAr.        [H 

Ih  C*  J.  Speak  not  wb«t  is  io  tliat  paper, 
loft  vhat  discourse  (as  near  as  you  cap)  you 
liad  wteh  ooont  Coniagwnark. 

Hansom.     My  discourse  with  count  Cp- 

Biotgaoiark  was  this :  in  a  familiar  discourse 

SBwngst  other  ihinss,  be  spoke,  tliat  he  heard 

cs||iace  Thyan  had  affronted  him,  I  do  not 

Jmowupon  what  sulject,  but  I  believe  it  T^as 

9aidB  reflectinif  upon  him  and  his  horse  ;  he 

&I  not  tell  me  that  he  denred  me  to  go,  nor 

Hd  he  give  me  any  posttive  charge  to  go  to 

die  Swedish  eoYoy,  but  by  the  discourse  1 

bad  with  hina,  I  did  understand  that  he  was 

desiioQS  to  have  his  advice ;  I  thought  bis  in- 

cfiastioaa  were,  that  I  should  go  and  ask  his 

advke ;   I  did  not  go  on  purpose  to  do  the 

OKsag^^  nor  dill  I  receive  any  order  tnat  can 

W  called  a  message,  in  my  life,  to  my  remem- 

bnnoe ;  but  when  I  came  to  pay  my  respects 

ma  ftinihar  discourse,  I  did  propose  this  to  the 

cavoy ;  what  might  be  the  consequence,  if  the 

oofuit  should  call  Mr.  Thynn  to  account ; 

and  he  told  me  the  same  answer  that  1  have 

already  told  you.    Now  this  I  desire  only  to 

ooosider,    that  it   was  spoken  in  divers  lan-^ 

guagca ;  and  if  a  man  should  write  down  my 

expressioiBS  now,  as  they  came  from  me,  they 

WMld  upon  reading,  perhaps,  appear  not  so 

well ;  so  if  these  expressions  of  mine  should 

tea  to  isount  Coningsmark's  prejudice,  as  that 

I  ^oukl  swear  that  this  phrase  of  killing  or 

diielliii|[^  was  used,  or  that  ever  qount  Conings- 

marictoU  me  that  he  resolved  to  call,  or  tnat 

be  would  caO  him  to  an  account,  I  miffht  do 

bim  wrong,  perhaps  ;  but  if  he  should  call 

bim  to  aooount,  what  might  be  the  conse- 

ipieoGe  of  it. 

Sr  Fro,  Win.  I  would  not  entangle  you, 
bol  only  I  would  seek  after  the  truth.  I  do 
B0t  ask  yon  positively,  whether  he  did  bid  you 
n»  to  aak  advice  of  the  Swedish  envoy,  that 
he  did  resolve  so  and  so ;  but  did  he  discourse 
it  thus,  if  he  should  duel  him,  or  fight  him  P 

Jioiuoit.  As  I  am  before  God  Almighty,  I 
caniiot  ny  I  heard  such  csxpressions. 

Mr.  WiUiamg.  Pray,  Sir,  you  confess  you 
aojoaiiiled  the  envoy  with  it  t — Hanson.  Yes. 

Mr.  WUlians.  Did  you  bring  the  Envoy's 

iwer  to  the  gentleman,  or  no  ? 

Hamaon.  If  1  should  be  upon  the  gospel,  I 

I  sore  I  caimot  exactly  tell  what  was  the  ex- 


L.  C.  Baron,  What  was  it  that  you  dis- 
ttiafld  be  doubted,  if  he  did  csdl  Mr.  Tbyon 
to  account  ? 

Sr  Fro,  Winn,  He  spoke  in  rdation  to  a 
naunage,  pray  what  was  it? 

Jir.Wittimm,  What  did  that  if  relate  to  ? 

Hatuon,  If  he  should  ask  him  satisfaction 
flboot  ii,  havioff  heard  that  he  had  spoken  abu- 
VFeworda  of  nim. 

Sr  Fra.  Win,    What  then  was  to  follow  ? 

floBSoii.  If  he  should  call  him  to  account 
An  hgqrr  the  burs  of  Eaglaad  might  do  in 
Ikiipoiiit;. 

Mr.  WUUam,  To  whom  ? 

BoMttm.  Totbeoowit. 

TOU  IX. 


Mr.  miiiam.  What  should  be^  him  P 
Hanson,  Whether  the  law  should  be  coin-^ 
trary  to  him  in  the  design  and  proposals  he 
might  have  concerning  the  young  count^a# 
of  Ogle. 

Mr.  Williams.  Well,  I  see  you  will  give  n# 
reasonable  answer  to  that ;  but  now  when 
came  the  Polander  over  into  Eoj^laod  ? 

Hunton.  I  cannot  say  positively  I  can  tell 
when  he  came. 

Mr.  Williams,  But  when  did  you  see  him 
first? 

Hanson.  Upon  the  Friday  he  came  and 
asked  me  for  the  count  at  M.  Faubert's  acar 
demy.  Now  the  young  count  Coningsmark's - 
chamber  and  mine  joins  together,  next  to  one 
another,  and  there  came  a  inau  with  him,  I  do 
not  know  his  name,  but  if  I  see  the  man  I 
know  hiin. 

Mr.  Williams,  You  say  the  Polander  came 
over  on  Friday.* 

Hanson.  He  came  to  me  on  Friday. 

Mr.  Williams.  And  he  came  to  yon  to  the 
French  academy ,  to  enquire  for  count  Coningsr 
mark  ? — Hanson,  Yes,  he  did  so. 

Mr.  Williams,  Had  he  any  letters  P 

Hanson.  Yes,  he  had  two  letters. 

Mr.  Williams,  From  whom,  and  to  whom  P 

Hanson.  I  asked  him  if  he  had  any  lettef 
for  count  Coningsmark,  andhesaid  no;  bui 
he  told  me  he  had  two  letters,  and  the  oi^e  waft 
to  the  count's  secretary,  and  the  oth^r  was  t^ 
the  count's  steward  in  London.  So  \  gave 
him  back  lus  letters,  and  asked  him  wben^he 
came  ?  He  told  me  he  waf  just  come  mtf 
England.  I  asked  him  whether  he  had  bfpil 
a  great  while  at  sea  ?  And  he  told  me  yea  ( 
and  that  it  was  stormy,  and  he  had  like  tf 
have  been  cast  away  :  said  I,  I  hear  you  vt 
expected,  therefore  nave  you  paid  your  lodgr 
ing?  No,  said  he;  theu,  said  I,  go  and  jip 
your  lodging,  and  come  to  me  in  me  mornisiy 
early. 

Sur  Fra.  Winn.  You  say  you  heard  he  W911 
expected,  pra\'  who  expected  him  P 

Hanson,  The  count;  for  he  had.spokaa 
formerly  twice  of  the  Polander,  and  in  Iha- 
great  storm  thought  he  had  been  drowned. 
To  the  best  of  my  remembrance,  I  have  heanl 
the  count  speak  twice  of  this  Polander. 

Sir  Fra.  Winn.  Of  this  man  P 

Hanson.  I  suppose  it  is  the  same- 
Sir  Fra,  Winn.  You  say  you  saw  him  09 
Friday  ? — Hanson.  Yes,  I  did. 

Mr.  Williams.    When  did  he  ?peak  of  th4 
stormy  weather,  and  that  he  was  afraid  the-^ 
Polander  mi^t  miscarry  ? 

Hanson.  About  12  or  13  days  before. 

Mr.  Williams.  Now  say  as  near  as  }'ou  can 
what  the  count  said. 

Hanson.  He  said  the  Polander  was  a  mighty 
able  man,  and  understood  horses  ;  and  the 
count  had  a  mind  to  buy  English  horses,  and 
intended  to  havehfid  this  Polander  as  a  groom, 
to  dress  them  after  the  Geiman  way,  and  no 
man  was  abler  than  the  Polander  to  do  it ;  an^ 
when  he  spoke  of  it,    I  went  once  to  tho 

D 


..*.^ 


85]      STATE  TRIALS,  34  Ch aeles  11.  l682.— Tria/  of  C&unt  ConingMtark      [i& 


'Change,  ancT  enquired  whether  tlie  ship  was 

lost? 

Sir  Fra.  Winv.  By  whose  direction  did  you 

gato  enquire  whether  the  ship  was  lost  ? 
Hanson,  I  had  no  direction,  but  only  count 

Gopiogsmark's  speaking  about  it. 

-    Sir  Fra,  Winn.  He  seemed  to  be  concerned 

at  it,  did  he? 

Hanson..  Yes,  he  was  afraid  that  the  Po- 

lander  would  be  drowned. 

Mr.  Williams,  You  say  you  directed  him  to 

clear  his  quarters? — Hanson.  Yes, I  did  so. 
Mr.  Williams.  Did  you  see  him  again  the 

Bext  day  ? 

Hanson.  Yes,  he  came  the  next  day. 

Mr.  Williams.  Was  he  the  next  day  in  com- 

|>any  with  the  count,  or  no  ? 

Hanson.  I  brought  him  to  the  count. 

Sir  Fra.  Winn.  Where  ? 

Hanson.  It  was  a  little  before  noon ;  because 

I  went  the  back-way,  and  left  him  at   the 

Cpunt's  lodging.  , 

Mr.  Wiili.^ms.  Did  you  leave  him  with  the 

count? — Hanson.  Yes,  I  did. 

Mr.  Williams.  Pray  as  long  as  you  were 

there,  what  passed  between  the  count  and  the 
Polnnder  ? 

Hanson.  I  remember  very  well  what  passed 

between  the  count  and  biro,  for  I  have  thought 
of  it.  He  spoke  to  him,  and  called  him  Thou, 
«a  to  his  servant,  and  asked  him  where  he  had 

l>een  all  the  while  ?  And  he  answered,  he  had 
been  at  sea,  and  tossed  up  and  down. 
'    Sir  Fra.  Withens,  Pray  ^vhat  directions  had 
|rougiven  about  a  sword  for  that  Polander  ? 

Hanson.  I  went  to  the  count's  lodffings,  and 
being  desired  by  htm  to  stay,  I  desired  he  would 
exdttse  mt*,  for  I  could  not  stay,  because  I 
was  to  g-o  aboiit -another  business ;  he  told  me 
the  teltow  was  all  naked,  and  he  had  no  man  to 
■eiid  to  buy  him  a  riding  coat ;  I  told  him  I 
wonkl  very  willingly  and  heartHy  do  it.  And 
after  I  had  dined  1  went  to  an  house  near  the 
fiay -Market,  and  bought  a  riding- coat,  and 
brought  thelidinff-coat  to  the  count's  lodg- 
ings. I  dehvered  it  to  the  count.  Then  the 
count  told  me  bis  man  had  never '  a  sword, 
and  I  asked  him  how  much  his  lordship 
weukl  please  to  bestow  on  a  sword,  he 
told  me  a  matter  of  tOs.  or  thereabouts  ;  1  told 
him  I  did  not  know  where  I  should  get  such 

/a  swonl,  nor  how  to  send  for  it,  because  I  was 
to  meet  his  brother ;  but  I  mthal  said,  it  is  no 
matter  for /that,  I  viW  take  care  you  shall 

.  have  it  this  erenuig  ;  I  went  intoSt.  Martin's- 
Lane,  but  could  not  find  ever  a  sword  worth  a 
groat.  Then  I  went  as  for  as  Charingr-Cross 
to  a  cutler  whom  I  knew,  so  1  told  hmi,  Sir, 
6«|d  I,  I  have  a  commission  to  bestow  tOs. 
upon  a  sword  for  a  servant,  therefore,  said  I, 
I  leaTe  it  to  your  discretion,  use  my  friend 
well,  and  um;yoiu^elf favourably  too.  I  asked 
him  when  I  should  have  the  sword,  he  told  me 

•  in  the  eycniog ;  I  told  him  I  wxratd  call  for  it 
when  I  came  from  the  play,  where  I  was  to 
be  with  the  comit's  brodier.  When  I  came  back 
with^  the  young  count  Coning^mark  (jom  the 


play,  I  called  for  the  sword,  but  hc5  told  me 
It  was  not  ready.  I  seemed  to  be  a  little 
angry,  and  told  him  that  it  was  strange,  a  gen- 
tleman could  not  get  a  little  sword  ready  for 
him  in  an  whole  afternoon.  Well,  Sir,  said 
he,  pray  do  not  be  impatient,  I  will  send  you 
the  sword,  and  afterwards  be  sent  it  to  the 
academy,  and  I  afterwards  sent  the  sword  to 
count  Conin^mnrk's  lodgings. 

Mr.  Williams.  Pray  had  you  this  direction 
for  the  sword  after  you  had  brought  the  Po- 
lander to  the  count,  or  before  ?  "    .  ^ 

Hanson.  Count  Coningsmark  did  never  give 
me  any  direction  or  charge  to  buy  a  sword 
for  him,  but  I  did  offer  niy  service,  if  h« 
pleased,  because  he  said  he  had  no  body  to  seud. 
Mr.  Williams.  Sir,  you  do  not  know  tha 
question,  or  you  won't  apprehend  it ;  pray, 
when  had  you  this  direction  from  the  count  to 
buy  this  sword  ? 

Hanson.  On  Saturday  in  the  afternoon. 
Mr.  Williams.  When  was  it  you  brought  tht 
Polander  to  the  count  ?  . 
Hanson.  In  the  morning. 
Sir  Fra.  Winn.  Pray  let  me  ask  you'  ano- 
ther question.    When  was  it  you  ftrst  heard 
Mr.  l^ynn  was  killed  ? 

Hanson.  I  heard  it,  I  believe,  about  dght 
o'clock  in  the  opening  on  Sunday. 

Sir  Fra.  Winn.  Had  you  any  discourse  witb 
the  count  about  die  murder  ? 
Hanson.  Yos,  I  had. 

Sir  Fra.  Winn.  Pray  tell  what  that  dis- 
course was? 

Hanson.  I  was  at  ^Tliitehall  till  ten  of  tha 
clock,  and  then  I  went  to  the  count  ;  but  I  de- 
sire this  may  not  be  taken  as  an  extraordinary 
visit,  because  I  used  to  go  to  him  on  Sundays 
in  the  evenings,  and  those  three  Sundays  be- 
fore he  was  taken,  I  used  to  come  to  nim  in 
the  evening,  after  I  had  been  to  Whitehall. 
When  I  came  into  his  lodgings  I  found  him  in 
his  night-cap,  and  his  ni^ht-gown ;  he  asked 
me  wnat  news,  I  told  him  I  could  tell  him 
great  news,  and  that  was  of  the  kilhng  of 
esquire  Thynn,  who  was  shot  in  his  coach : 
The  embassador  of  Savoy  had  told  me  all  that 
he  had  heard  about  it,  and  I  told  it  him.  *  After 
I  had  spoken  of  this  business,  he  asked  ma 
where  hts  brother  was ;  I  told  him  his  broths 
W9S  at  the  dnke  of  Richmond's.  And  after 
some  discourse  I  went  away. 

Sir  Fra.  Winn.  When  you  told  him  of  tht 
murder  of  Mr.  Thynn,  did  he  make  no  answer, 
nor  say  any  thing  about  it  ? 

Hanson.  He  did  not  make  me  any  answer, 
by  which  I  could  conclude  that  oountCooings* 
mark  ^'as  anyway  concerned  in  the  business. 
Sir  Fra.  withens.  Pray,  Sir,  I  ask  you 
upon  your  oath,  the  count  is  a  man  of  great 
quality  himself;  when  you  told  him  of  such  an 
horrid  murder,  what  did  he  say  nothing  about 

it? 

Hanson,  He  asked  me  sereral  qoestiont 
what  the  people  did  say,  but  I  would  not  moke 
any  mistake. 

Sir  Fra.  Winn.  Tell  all  he  said,  Sir,  about  ill 


^n         STATE  TRIALS,  34  Ch IRtBS  11.  lfi83.--*«Mf  oiken^fer  Murier.         [5S 

L,C.J,  Youtnaj  eximioe  bun  in  French, 
if  you  will. 

Mr.  Wiiliatnt.  And  I  undersUnd  none  but 
Pedlar's  Fi-ench. 

Sir  Fra.  Winn.  Thetrutii  of  it  is,  what  your 
lordship  savs  cannot  be  opposed  rcffularl^ ;  but 
1  do  appeal  to  3'our  lordship,  and «U  the  judges^ 
and  all  the  court,  whether  this  man  does  an- 
swer like  an  ingenuous  man  ;  you  see  he 
shifts. 

L.  C.  J,  I  do  not  see  it,  nor  do  I  believe  any 
see  he  shifts  in  any  thing  you  nak,  of  hira  ; 
cither  he  tells  vou  what  the  question  is,  or*the 
reason  of  it ;  now  far  that  is  a  reason,  is  left 
to  the  jury  to  consider. 

Sir  Fra.  Winn.  Certainly  it  can  do  no  hurt 
to  hare  an  Interpreter. 

X.  C,  J.  North.  My  lord,  if  there  be  two 
ways  to  take,  'tis  best  to  take  that  which  will 
g^ive  satisfaction  to  all  pei'sons;  let  him  be 
asked  by  the  interpreter,  what  qnestioDs  th« 
counsel  would  have  answered,  and  then  let  him 
tell  his  answer  in  French. 

I,  C.  J.  If  that  be  liked  better,  let  it  be  so, 
Mr.  Craven,  can  you  tell  the  substance  of  the 
evidence  that  this  gentleman  hath  given  1* 

Mr.  Craven.  No,  I  caunot,  his  ev  idcnce  has 
been  so  long,  and  so  many  cross  questions  hav^ 
been  asked. 

l%r  Fra,  Winn.  I  would  spare  your  time- 


HanMm.  1  told  him  th«  greatest  news  I  had 
IS,  the  killing  of  I^Ir.  Thjrnn ;  and  I  told  him 
who  brongbt  the  news;  and  I  told  him  the 
cMBt  were  angry  at  it,  that  sndi  an  accident 
ahooU -happen ;  and  I  said  it  was  an  Italian 
trick,  not  used  in  Si^land. 

Sir  Fra.  Winn.  What  said  be  then  ? 
.   Mr.  WUiianu.  Pray  do  yon  remember  what 
he  said? 

Hanttm.  What  I  have  answered  now.  He 
JBade  me  such  qnestMHis  upon  this  story  as  I 
have  told  yon. 

L,C~  X  I>et  him  explain  himself:  Pray,  as 
as  jou  can,  relate  what  discourse  you  had 
count  Coningsmark  that  Sunday  night, 
yon  came  to  him  and  told  him  of  the 
■wrder. 
Sr  Fra,  Winn,  What  did  he  say  to  yon? 
Jlinijoii.  I  will  tell  yon,  my  lorn ;  the  count 
was  swpcized  as  every  man  would  be,  to  hear 
of  so  snd  an  accident,  and  so  the  count  asked 
ue  what  the  peonle  said,  so  I  told  him  what  I 
heard  ai  Whitehall ;   I  cannot  call  to  my  me- 
raocT  all  the  particulars  ;  but  I  said  the  king 
was  neartily  sorry,  and  all  the  court,  tor  so  sad 
an  accident,  and  1  must  wrong  myself,  or  count 
ConiDgamaik,  if  I  should  undertake  to  relate 
cxudy  what  passed,  lor  I  cannot  remember  it. 
Mr.  WUliams.    But  you  said  iust  npw,  that 
yon  told  the  count  it  looked  like  an  Italian 
tridE,  not  used  in  England. 
Hanton.  Yes,  1  did  so. 
Mr.  WiUiams.  What  did  he  reply  to  that.^ 
Hamton.  Not  a  word. 

Mr.  Williams.  Did  he  mention  any  thing  of 
ibrtifications  to  you  then  ? 

Hanson,  Yes,  he  ^ve  me  a  plan,  or  a 
draught  of  a  fortification  done  with  his  own 
hamC  and  that  was  all  the  discourse. 

Mr.  WiUiamt.  So  then  he  diverted  the  dis- 
sourse  to  the  business  of  fortification. 

X.  C.  J.  The  evidence  is  heard ;  what  it  is 
dai  he  ended  all  the  discourse  with,  shewing 
him  a  P&per  of  fortifications. 

Sir  Fra,  Winn,  But  'thk  he  does  say,  he 
asked  him  what  the  people  did  say  of  it.^ 

HanMOH,  For  my  lite,  I  dare  not  say  I  re- 
member any  more  than  I  have  told. 

L.  C,  J.  Look  you.  Sir,  now  will  you  in 
Fkench  ddiver  this  for  the  benefit  of  those  jury- 
men that  don't  understand. English. 

Mr.  Williams,  We  pray,  my  lord,  that  our 
Interpreter  may  do  it. 

L,  C,  J.  Wnen  a  man  can  speak  both  lan- 
guages, he  needs  no  Interpreter,  he  is  his  own 
best  interpreter^ 

Mr,  WUliams.  My  lord,  1  will  tell  you  why 
I  ask  it ;  there  is  a  great  deal  of  difference,  I 
find,  where  you  examine  a  roan  with  the  hair, 
and  where  you  examine  him  against  the  hair ; 
Where  you  find  it  diffiinilt  to  imdce  a  man  an- 
im,  you  will  pump  him  with  questions,  and 
erosB-mterrogate  hun,  to  sift  out  the  truth : 
Boir  if  you  leave  this  man  to  the  interpretation 
«f  what  he  bath  said  himself,  he  will  make 
a  fine  story  of  it,  and  we  shall  be  never  the 


L.  C.  J.  But  this  is  the  way  to  spend  our 
time. 

Sir  Fra,  Winn.  I  know  your  lordship  does 
not  value  time  in  such  a  case  as  this,  but  you 
would  have  the  truth  found  out. 

L.  C.  J.  You  must  repeat  first  the  discoursjK 
you  had  with  count  Coningsmark. 

Sir  Fr.  Winn.  My  lord,  we  will  reduce  it  to 
two  or  three  Questions.  Mr.  Craven,  will  you 
please  to  ask  nim  whaf  discourse  he  had  with 
count  Coningsmark. 

Mr.  Craven.  He  savs;  the  diMSourse  he  had 
with  count  Coningsmark  about  the  PoLaader, 
was,  that  he  came  over  as  a  groom  to  serve  him 
to  look  after  his  horses ;  that  he  had  occasion 
for  several  English  horses,  and  English  servants 
to  look  after  them  as  grooms ;  and  among  the 
rest  of  his  grooms,  he  intended  the  Polander 
should  be  one,  to  dress  his  horses  after  the 
German  wav. 

Sir  Fr.  ifinn.  So  far  he  goes  as  to  that. 
That  the  Polander  came  over  to  serve  the 
count. 

L.  C.  J.  Look  you.  Sir,  does  not  he  tell  you, 
the  count  had  a  purpose  to  buy  horses  here  ? 

Mr.  Craven.  He  says  tliere  was  a  distuHU-so 
about  biUs  of  exchange  of  7,000  pistoles  to  buy 
horses. 

Su"  Fr.  Winn,  Pray  then  wiU  you  ask  him, 
what  discourse  he  had  with  count  Conings- 
mark about  the  death  of  Mr.  Thynn,  and  what 
the  consequences  in  law  might  be  ? 

Mr.  Craven.  My  loi-d,  he  says  that  the  dis- 
course with  count  Coningsmark,  concerning  the 
Swedish  agent,  was,  Tliat  in  case  he  should 
ask  satisfaction  of  ftfr.  Thynn,  for  the  affronts 
that  he  had  given  him,  not  understatidtni;  the 


391     STAtB  l^RIALS,  34  Chabi^^  It.  ie^i^THd  of  Ccmd  Coningiitktrk     [M 


Cttflftoms  of  the  nation,  if  he  shonM  call  him  to 
aocouqt,  what,  ur^judice  it  mi^ht  be  to  him ; 
for  he  did  not  hear,  he  says,  that  count  Co- 
ningsmark  d^gned  any  thing,  or  resolred 
upon  killing  him,  or  any  thing  of  that  nature ; 
but  whether  if  he  should  call  him  to  account, 
what  the  laws  of  Ens^land  might  be. 

Mr.  Wilitams.  Call  John  Wright. 

Sir  N.  Johnson.  My  lord,  the  count  desires 
to  know  if  he  may  be  permitted  to  make  his 
defence  against  these  witnesses  ? 

I'.  C.  J.  No,  be  is  not  to  make  his  defence 
now.  But  pray  tell  him,  if  my  lord  have  a  de- 
sire to  ask  any  questions  of  this  witness,  he 
may  ask  what  he  pleases. 

i.  C.  J.  North.  Let  the  question  be  put  to 
the  interjirpter,  that  ^e  may  know  what  the 
question  is  before  the  witness  gives^an  answer. 

Mr.  Craven.  He  asks  him,  if  he  has  not 
seen  him  oftener  in  his  lodgings  undressed  than 
dressed,  and  whether  he  was  not  to  take  physic 
ftom  his  ph^'sician  ? 

Hanson,  I  do  not  remember,  that  in  all  the 
■time  I  saw  count  Coningsmark,  I  saw  him 
dressed  fbnr  times  in  his  coat,  I  cannot  say  I 
remember  three  times  in  aU.  The  first  time 
when  he  came,  he  was  in  a  campaign  coat ; 
but  all  the  time  he  was  in  his  lodging,  as  I  re. 
member,  he  was  in  his  night  gown  and  cap. 
"As  to  the  other  part  of  his  question,  whether 
I  heard  that  he  took  physic  ?  I  say  this,  trhen 
I  saw  count  Coningsmark  first  at  his  lodging, 
when  I  came  to  him,  on  the  Sanday  evening, 
•1  was  told  the  count  was  in  bed ;  It^  was  late, 
but  I  ventured  to  go  into  his  room,  and  sat  a 

Soarter  of  an  hour  there ;  and  afterwards  the 
octorcame  in.  Dr.  Frederick,  1  saw  him  often- 
times at  his  lodging;  and  at  the  same  time 
the  young  count  was  sick  of  an  ague ;  And 
when  he  came  one  evening  to  see  the  young 
count,  I  asked  him  what  was  the  distemper  the 
count  had?  The  doctor  answered  me,  tliat  he 
had  not  told  any  bodv  that  the  count  was 
sick,  or  what  he  was  sfckof,  but  he  hoped  in 
God,  in  a  short  time  he  would  be  recovered. 

Mr.  Craven.  He  asks  him  if  he  gave  any 
positive  order,. that  he  should  go  of  any  mes- 
sage to  the  Swedish  envoy  ? 

Hanson.  This  I  have  answered  before,  and  I 
»y  now,  if  this  discourse  that  I  Wad  with  the 
^Swedish  envoy,  turn  to  the  lordcount  Conings- 
mark*s prejudice,  it  would  grate  upon  my  con- 
science all  my  life :  Count  Coningsmark  never 
gave  me  any  positive  order  to  carry  any  mes- 
sage ;  but  I  did  gather,  by  his  discourse,  that 
the  count  might  be  desirous  to  know  the  envoy's 
opinion  about  this  question  ;  a!id  therefore  I 
thought,  the  count  desiring  it,  I  would  do  it  to 
please  him,  rather  tha n  by  order.  But  I  do  not 
know  that  ever  the  count  had  a  mind  to  give 
me  such  an  order,  but  I  did  it  voluntarily. 

X.  C  J.  In  plain  English,  did  he  ever 
rertyou  to  go  to  the.Sivcdish  envoy  ? 

Hanson.  No,  my  lonl,  he  never  did  direct  me. 

L.   C.  Bar.    How  came  you  to  choose  a 
foreigner  or  Jknow  what  the  laws  of  £%bm4 
*«ref  ^ 


Hanson.  1  thought  it  wonU'plaaMtliecmait 
to  know  hisopittiM. 

L.  C  Baron.  But  how  came  youlo  obmt  t 
foreu^ner,  I  ask  P 

Hant&n,  He  has  been  nineteeti  ytara  bera 
in  EngUud,  and  sure  he  shottkl  know. 

Mr.  Crown.  My  lord,  he  asks  him  if  eVcr 
he  told  him  that  he  had  a  deaig^  to  fig^t  Mr. 
Thynn,  or  to  do  him  any  prejudice,  or  Mnd  hitt 
acnalleBgeP, 

Heuum.  My  lord,  I  am  upon  my  oalfa,  aad 
this  I  say,  I  speak  it  before  God  attd  the  codfftt 
count  Coningsmark  did  never  tell  me  that  he 
had  any  mind,  or  did  resolve  to  Call  esqmMI 
Thynn  any  ways  to  account. 

Mr.  William.  Call  John  Wright.  ^Vfh^ 
stood  up  and  was  sworn.] 

Sir  Fr.  Wtfnn.  We  shall  ask  turn  but  a  ques- 
tion or  two,  my  ^ord .  * 

Mr.  Williams.  Pray  tell  me  the  time  wfaeA 
this  Polander  came  into  England  ;  that  man 
at  the  bar  ? 

Wr^ht.  He  came  the  tenth  day  of  this 
month. 

Mr.  Williams,  Pray  what  ship  did  be  coma 
in  ?  Where  did  you  first  meet  with  him  ? 

Wright.  Here  in  town. 

Mr.  Williams.  Where  was  it  ? 

Wright.  At  the  Cross-keys  in  ThrogmoKon- 
street. 

Mr.  Williams.  Pray,  when  you  fint  saw 
him,  what  d  id  he  ask  you  ? 

Wright.  He  asked  me  where  count  Conings- 
mark's  lodgings  were  ?  I  told  him  I  thought 
he  was  at  Oxmrd,  I  meant  the  young  gentle* 
man,  for  I  did  not  know  the  other  was  in  town  ; 
but  I  went  and  enquired,  and  they  told  me  it 
was  at  Faubert's  academy. 

Mr.  Williams,  Whither  went  you  with  the 
Polander  then  ? 

Wright.  I  went  to  my  lord's  knlgings. 

Mr.  Williams.  What  lord? 

TfV^Af.  The  young  count's  lodgings. 

Mr.  Williams.  Well,  and  what  then  ? 

Wright.  And  I  came  to  Mr.  Hanson,  and 
he  did  deliver  a  letter  to  Mr.  Hanson,  and  -i 
staid  there  about  half  an  hotir,  or  there* 
abouts. 

Mr.  Williams.  When  was  this  ? 

Wright.  Upon  Friday  the  tenth  day  of  tins 
month. 

Mr.  Williams.  How  k>ng  vras  Mr.  Hanson 
and  the  Polander  together  ? 

Wright.  About  half  an  hour. 

Mr.  Williams.  What  said  Hanson  to  bim  ki 
your  presence.^ 

Wnght.  Mr.  Hanson  said  nothing. 

Mr.  Williams.  Was  there  any  thing  said 
about  going  back  and  paying  his  lodging,  and 
coming  back  ? 

Wright.  Mr.  Hanson  came  down  to  me,  and 
told  me  he  vms  glad  to  see  me,  and  bid  me  take 
the  PolanderbacK  with  me,  and  bring  him  to 
him  to-morrow  betimes,  fi>r  he  most'  (fispa$ch 
him  about  his  business. 

I%r  Fr.  Winn.  Then  be  said  nothidg  to  tba 
Poboder.^ 


41]        VTATfi  UttALS,  te  CUAKLfiS  II.  i66£.-HifNl  oikeri,  for  Murder.  ^      [M 

Wright.  No,  btH  t»  Mi». 

Sr  JV*.  Wmn.  Well,  ^mhei,  «€  yota  do  Ae 
aext  morniw? 

Wright,  fcmme  to  hun  the  nest  nioniiiig, 
tD  this  Polaoder,  and  b«  took  hk  thiosB  with 
him,  which  was*  sea-bed  th^the  had,  and  a 
gnt  wMi  a  wheel-look,  and  sofne  other  thiags. 

Sr  F.  Winn.  And  whilfier  did  you  bring  htm  ? 

Wright.  I  hrou^him  to  ifie  upper  end 
•f  the  flay-market,  M.  Faubert's  school. 

Mr.  Williams.  To  what  place  did  you  come 
ift  tlie  taomtng,  say  ynu? 

Wright.  Sir,  if  it  fifeaae  you,  I  bronght  him 
wilfain  a  door  or  two  of  Mr.  Faubert's  the 
boise-master,  that  teaches  to  ride  the  great 
kavse;  ferhiedid  desire  that  we  mi^go  to 
an  ho«Be  hard  by,  because  lie  would  not  carry 
Itt  eanriage  to  my  lord,  he  had  a  sea-bed,  a 
foAaaaBile,  a  goa  and  other  things  ;  and  90'  i 
hraugbt  him  to  en  house,  and  there  I  called  for 
apot  of  aie ;  and  he  put  down  his  things  and 
"fte^t  out,  I  thoaffht  he  had  gone  to  make  water, 
bat  within  a  fittte  while  after  returns  s^ain, 
^mA  Mr.  Hanson  coaes  in  with  him :  He  asked 
'me  why  I  did  not  come  sooner ;  I  told  him  I 
kad  seine  ettfier  business,  I  was  with  some 
French  Merchants  to  look  upon  some  goods. 
80  be  bid  the  Pole  pay  me  for  my  trouble,  and 
\tke  ftp  his  things,  and  go  along  witli  him  ; 
and  he  did  do  so,  aod  I  never  saw  the  Pole  af- 
terwards 

L.  C.  J.  You  that  are  the  interpreters, 
tepeoc  whflt  he  hath  said  tothe  jury.  (Which 
was  done. 

SrFr.  Winn.  We  have  done  with  this  man, 
the  use  we  make  of  him  is  to  foflow  this 
Mander,  and  we  shall  lynng  him  to  the  count 
by  and  by.  Cirfl  Dr.  Frederick  Harder.  (Who 
was  sworn.) 

L.  C.  /.  The  Doctor  understands  English, 
donHhei" 

Sir  Fr.  Winn.  Yes,  we  are  told  he  doe^. 

Mr.  WUlianu.  How  long  hare  you  known 
the  count  that  stands  there  at  the  bar  ? 

Dr.  Harder.  I  have  known  him  a  good 
while,  it  may  be  this  four  or  five  years.  I 
%VPe  known  nim  fbnr  or  five  years. 

Mr.  Wiliiawu.  How  long  hare  you  known 
cart.  Vratz? 

Dr.  Harder.  About  a  year  and  a  holf,  or 
ilroyears. 

Bfr.  Williams.  Was  nw  lord  and  captain 
^fatz  acauainted  then  ? — Harder.  Yes. 

Mr.  Williams.  Was  he  in  employment  under 
TBj  lord,  was  be  in  the  tonnt's  service  ? 

Border.  He  was  with  Hie  count,  but  whe- 
dier  he  was  his  companion  I  cannot  tell. 

Mr.  Williams.  Did  he  live  with  the  count  ? 

Harder.  Yes. 

Mr.  Williams.  Did  captain  Vratz,  when 
^  count  came  Iflst  over  into  England,  come 
over  with  hira.^ 

Harder.  Yes,  by  my  knowledge. 

1.  C.  J.  Do  you  know  it  or  not? 

Border.  Captain  Vrat^  cadie  to  me,  and 
IQUnie,  mr  ford  desi^d  to  speak  with  me,  and 
I  irent  witn  him  to  my  lord. 


Sir  Ir.  Winn.  Was  that  the  first 
you  received  firom  the  oooat  ? 

Harder.  Yes,  it  was. 

Mr.  Williams.  How  long  was  that  ago  ? 

Harder,  The  aane  day  the  Morocco  em- 
bassador did  exercise  in  Hyde-Park. 

'Sir  Fr.  Winn.  How  h>ng  is  that  ago  f 

Harder,  About  a  month  ago. 

Sir  Fr.  Winn.  What  was  that  his  first  h>dg>^ 
iag  after  he  came  last  ihto  Bn^nd  ? 

Herder.  It  was  in  the- Hay-4ttarket. 

L.  C.  J.  Was  it  a  ooraer  hoose,  as  thft 
other  witness  saith,  or  net  ? 

Harder.  Yes,  it  was. 

Mr.  Williams.  Was  the  count  %  prit^te 
lodger  there  ? 

Harder.  He  lay  in  his  bed  ^en  I  came  to 
him  ;  he  came  as  a  traveller  privately. 

Mr.  Williams.  Did  he  go  by  Ins  own  name, 
or  another  name? 

Harder.  Nobody  did  question  him  about  bis 
name,  but  when  I  did  come  to  him,  I  did  dis- 
course with  him  about  his  body. 

Mr.  Williams.  Pray,,  Sir,  thus :  You  went 
often  to  visit  him,  pray  did  you  ebquire  for 
him  by  his  own  name,  or  any  other  name  ? 

Harder.  He  desired  that  he  might  be  pri- 
vate, because  he  was  to  take  some  medicines, 
and  he  would  not  have  it  known." 

Mr.  Williams.  Now,  Sir,  I  would  ask  yoil, 
did  you  observe  him  to  be  in  any  disguise? 
Did  he  wear  a  perriwig,  or  how  ? 

Harder^  He  had  a  perriwig. 

Mr.  Williams.  Was  it  a  fair  perrivrig,  or 
what  colour  ? 

Harder.  It  was  brown  or  blade. 

Sir  Fr.  Winn.  Sir,  was  he  in  a  divinise, 
or  no? 

Harder.  He  had  his  own  clothes,  but  He 
had  a  perriwig. 

Sir  Fr.  Winn.  Pray  what  name  did  be  gt> 
by,  hi^  right  name,  or  any  particular  name  ? 

Harder.  In  the  first  be^nning  1  gave  him 
no  name  ;  but,  said  he  to  me,  if  any  body  ask 
you  about  me,  I  would  not  be  known  ;  for  if 
they  know  that  I  lie  privately  thus,  they  wiU 
think  I  ail  some  ill  distemper,  therefbre  I  would 
have  you  call  me  by  the  name  of  Carlo  Cuski. 

Mr.  Williarfis.  "Were  you  with,  him,  pray 
Sir,  upon  the  Sunday  moroing  that  Mr.  Thymi 
was  murdered  ? 

Harder.  I  cannot  certainly  tell,  but  I  was 
with  him  in  theafiemoon. 

Sir  Fr.  Wtnn.  Pray  call  yourself  to  mind,  Sir. 

Harder.  I  cannot  certainly  tell. 

Sir  Fr.  Winn.  What  time  were  you  with 
him  in  the^  evening  ? 

Harder.  At  nine  o^clock,  at  night  or  there- 
abouts. 

Mr.  Williams.  Did  you  receive  any  letter 
firom  capt.  Vratz  at  any  time  ? 

Harder.  I  did  upon  Saturday  morning,  the 
Saturday  before  Mr.  Thynn  was  murdered. 

Sir  Fr,  Winff.  Have  you  that  letter  about 
you  ? — Harder.    No. 

Su:  Jr.  Winn.  What  was  in  the  letter  ? 

Harder.  Hedesiiedme  to  go  tolheoQunty 


40]      STATC  TRIALS,  54ChaelB8  II.  l682.--Tria2  of  Cemut  Cwing$mmrk      [M 


who  had  a  desire  to  apeak  with  me.  I  came  { 
there,  and  had  some  speech  ivith  bun  about  bis 
indisposition.  I  told  bim  be  bad  better  stay 
till  next  day,  before  betook  physic,  because  it 
was  cold  weather.  And  after  that,  went  with  the 
Polander  tp  my  iodginc^,  and  the  captain's  man 
came  in,  and  then  saic^  here  is  a  man  that  will 
direct  you  to  captabi  Vratz's  lodging ;  which  I 
did  not  know. 

Mr.  Williams,  Look  you,  Sir,  you  say  you 
went  to  the  count,  did  you  shew  the  count  that 
letter  from  capt.  Vratz,  or  no  ? 

Harder,  The  count  saw  it. 

Mr.  Willioms.  Then .  bear  a  little,  When  was 
it  you  shewed  the  letter  to  the  count  ?  Was  it 
Saturday  or  Sunday  ? 

Harder.  It  was  Saturday. 

Mr.  Williams,  Now,  was  the  Polander  then 
in  the  count's  lodgings  or  no  ? 

Harder,  Yes,  lie  was. 

Mr.  Williams,  Was  there  any  discourse 
about  him  then  ? 

Harder.  I  had  never  seen  him  in  my  life. 

Mr.  Willimtu,  But  was  there  any  with  the 
ciount? 

Harder.  No,  not  at  all. 

Sir  Fr.  Winn.  Then,  upon  your  oath,  I  ask 
you  once  more.  Was  the  Polander  ever  in 
company  with  you  and  my  lord  at  any  time  ? 

Harder.  No. 
.    Sir  Fr.  Winn,  Upon  the  Sunday,  upon  your 
oath  ? — Harder.  No. 

Sir  F^  Winn.  Nor  the  Saturday  evening. 
■    Harder.  No,  I  have  not  seen  hun  since  that 
morning  when  the  captain's  man  4ook  him 
idong  with  bim  to  his  master. 

Mr.  Williams.  Pray,  bow  came  the  Po- 
lander into  your  company  on  Saturday  morn- 
ing? 

Harder.  I  had  bim  from  my  lord's  that 
morning. 

Mr.  Williams.  Then  my  lord  and  the  Pp- 
lander  were  together  ? 

Harder.  No,  they  were  not  together. 

Mr.  Williams.  Was  the  Polander  in  my  lord's 
lodprings? 

Harder.  Yes,  the  Polander  was  bdow 
stairs. 

Mr.  Williams.  And  did  you  take  bim  from 
the  lodginsf  ? — Harder,   Yes,  I  did. 

Mr.nuliams.  How  long  did  he  continue 
with  ypu  ? 

Harder.  Not  at  all,  I  went  home  with  him. 

Mr.  Williams,  Had  you  no  discourse  with 
him  ? —  Harder.  No,  none  at  all. 

Mr.  Williams,  Where  did  you  part  with  him? 

Harder.  I  brought  him  to  my  house  ;  and 
when  he  came  in  a-doors,  the  captain's  man 
being  there,  I  told  bim  there  was  a  man  would 
show  him  the  captain's  lodgings  ;  and  he  took 
him  away  along  with  bim. 

Mr.  Williafos,  You  say,  the  ca^itaiu's  man 
had  the  Polander  from  you ;  pray  name  that 
man  ? 
,  Harder,  I  cannot  tell  his  name. 

Mr.  Williams.  Was  his  |iame  Berg? 

Harder.  I  believe  it  was. 


Sir  Fr.  Winn.  You  say  you  delivered  a  let- 
ter from  captain  Vrats  on  fiiaturday  morning  to 
the  count  ? — Harder.  Yes. 

Sir  JFr.  Winn.  Did  the  count  read  thelet-» 
ter ,  and  tell  you  the  contents  of  it  ? 
Harder,  No,  it  was  not  sealed. 
Sir  Fr.  Winn.  Did  not  you  know  the  con- 
tents of  it  then  ? — Harder.  No. 

Sir  Fr,  Winn.  Pray,  when  you  delivered  the 
letter  from  captain  Yratz  to  the  count,  what 
did  the  count  say  to  you  ? 

Harder,  The  letter  was  not  written  to  the 
count,  but  it  was  writ  to  me. 

Mr.  Williams,  What  was  the  reason  that 
you  shewed  it  to  him  then  ? 

Harder,  I  received  a  letter  from  captaiji 
Vratz,  that  the  count  desnred  to  speak  with 
me ;  and  afterwards  I  was  desired  to  direct 
this  man,  the  Polander,  to  captain  Vratz  ;  and 
so  I  directed  him  to  captain  Vratz,  and  nothing* 
more  I  know. 

Sir  Fr.  Winn.  Well,  Sir,  one  thing  vr/Km 
and  J  have  done  with  you ;  for  you  will  not,  I 
see,  give  a  reasonable  answer :  pray,  when  tbm 
Polander  came  along  with  you  from  the 
count's,  did  you  observe  he  had  any  tbin^ 
about  him  ? 

Harder.  He  had  a  great  campaign  coat. 
•   Sir  Fr.  Winn.   Dui  he   se^n  to  have  an/ 
thing  under  it? 

Harder.  He  bad  a  portmantle  under  it,  I 
think,  or  some  such  thiuflc. 

Mr.  Craven.  My  lord,  the  count  desires  10 
ask  bim  some  questions. 

L.  C.  J.  Let  bim  ask  what  questions  be  will. 

Mr.  Craven.  My  lord,  be  asks  him  whether 
be  does  not  remember,  when  he  first  came  to 
town,  he  bad  bis  bodV  ^1  of  spots  ? 

Harder.  Yes,  my  lord,  when  be  came  from 
Tangier,  he  had  spots  over  all  his  breast ;  and 
it  was  feared  they  might^pet  up  higher  toward* 
his  neck,  and  encumgerbun  very  much. 

Mr.  Craven.  He  says,  if  my  lord  pleases,  he 
will  shew  it  openly. 

L,  C.J.  No,  there  is  no  need  of  that,  doctor. 
Did  you  give  bim  physic  for  that  ? 

Harder.  Yes,  for  that  I  did  administer  physie 
to  him- 

Mr.  Craven*  He  says,  my  lord,  he  over- 
heated himself  in  riding  to  Ttogier,  tliinking 
to  do  the  king  and  the  nation  service,  and  tlie 
heat  broke  out  in  spots  over  his  breast. 

X.  C.  J.  The  doctor  knows  nothing  of  that. 

Mr.  Craven,  He  asks  whether  the  doctor 
was  not  desired  by  him  to  cure  him  ?  whether 
he  did  not  tell  him  he  would  cure  him  of  those 
spots? 

Harder.  He  desired  me  to  administer  phy- 
sic  unto  him. 

Mr.  Cra:ven.  He  says  be  went  to  Strasburgfa, 
and  when  became  back  he  was  in  the  same 
condition  he  was  in  before  ;  and  be  asks  vrhe- 
ther  the  doctor  did  not  undertake  to  cure  bim  ? 

Harder.  Yes  I  did  administer  physic  unto 
bim  ;  and  this  my  own  man  can  testify  and  be 
witness  of;  because  my  I<Mrdbid  me  takecare 
that  be  might  be  private,  for  he  would  not  have 

4 


is]        STATE  TRIALS,  94  ChabIes  II.  l€$<l^end  other$,far  Murder.       [4,6 


klmowii  that  he  did  tmke  phync  ;  but  I  told 
my  man,  said  I,  it  is  my  loni  Conuigsmark,  and 
tberefore  pray  take  care  of  him,  and  see  that 
fliephysi6  be inade  very  well  up. 

JL  C.  X  You  aeem  to  intimate  as  if  he  lay 
piivate  to  take  phync ;  pray  let  me  ask  you  this 
^oestioD,  did  you  me  him  phasic  all  this  time  ? 

Harder,  Not  always  pm^ingf  physic,  but 
some  sort  i^hysic  all  the  tune. 

L.  C.  J.  What  erery  night  and  moitung? 

Harder,  Yes,  evefy  day. 

Mr.  Craven*  The  count  desires  to  ask  him 
irhere  be  was  that  mihappy  day  this  business 
wasdone? 

Harder,  I  found  him  that  day  ill,  lying 
domi  upon  the  bed,  I  asked  him  how  'his  physic 
bad  wotked :  he  told  me  he  was  airaid  he  nad 
got  some  cold  \  and  indeed  I  found  him  very 
modi  disordered,  and  I  went  home  and  letchcd 
bimspme  physic  to  take  that  night 

£.  C.  /.  By  the  oath  yon  have  taken,  was 
there  any  other  occasion,  or  had  you  any  other 
discoor^  with  him,  when  you  came  on  the 
Sunday  night  but  concerning  his  physic? 

Harder,  My  lord,  I  will  tell  you  the  truth  ; 
I  nerer  heard  the  count  speak  any  word  in  my 
life,  that  he  had  any  concern,  or  design  of  any 
quarrel  at  all,  nor  any  discourse,  but  about  the 
administration  of  his  physic. 

L,  C.  X  Let  me  ask  you  this  question,  for 
they  desire  it  here,  what  was  the  occasion  ?  anQ 
whether  you  know  the  occasion,  why  my  lord 
aiteied  hislodfings  so  often  P 

Harder,  The  mrst  occaaon  was  this ;  because 
it  was  in  the  Hay-market ;  and  his  man  said 
it  would  be  quickly  known  if  he  did  continue 
there ;  so  he  would  take  anodier  lodging,  which 
was  in  Rupert-street,  and  there  he  lodged  three 
days  ;  but  the  chimney  did  so  smoke,  that  my 
lord  could  not  stay,  because  he  could  have  no 
fire  in  his  chamber,  and  the  weatlier  was  very 
cold,  for  it  did  snow,  and  therefore  I  told  my 
Koid,itwas  not  so  proper  for  taking  of  phy- 
sic :  thereupon  he  desired  me  to  take  him  ano- 
ther lodging  in  C^ueen-street,  which  I  did  look 
about  for,  but  it  was  not  ready,  so  he  had  a 
lodging  taken  for  him  in  St.  Mai'tin's-Lane, 
iHiere  he  lodged  till  he  went  away. 

Mr.  Williams,  Pray,  Sir,  the  physic  that  you 
gave  the  count,  did  it  require  his  keeping  within 
doors?  might  not  he  walk  abroad  with  it,  upon 
Tooroath  ? 

Harder.  It  did  requiv^liim  to  keep  in. 

Mr.  Williams,  Pray  then,  how  comes  it  to 
pass  iliat  the  count  so  suddenly  could  go  by 
wmterto  GraTcsend  ? 

Harder.  I  do  not  know  what  was  dMie  after- 
wards. 

SKr  Fr,  Winn.  I  would  ask  you  one  question 
ynd  I  would  fain  have  you  give  me  a  lair  an- 
sv«'  to  it,  what  became  of  the  letter  that  cap- 
tim  Tratz  writ  to  you,  and  you  shewed  to  the 
count? 
*  Harder.  It  remained  there  upon  the  table. 

Sfr  Fr.  Winn.  Did  not- you  keep  your  own 
fetter? 

Harder*  Itwas  notofany  coBtttm. 


Sir  Fr.  Winn,  If  the  letter  were  written  to 
you,  it  is  not  so  long  since  but  you  can  tell  us 
the  contents  of  it ;  pray,  what  were  the  con- 
tents? 

L.  C.  J.  Can  you  remember  what  were  th^ 
contents  ? 

Harder.  He  desired  me  to  so  to  count  Con- 
ingsmark,  who  would  speak  with  me,  and  that 
I  would  give  his  man  an  answer  when  I  came 
from  him. 

Sir  Fr.  Winn,  But  what  were  you  to  go  tatlie 
count  to  do  ? 

Harder.  Nothing ;  but  the  count  discoursed 
to  me  about  his  own  body  and  indisposition. 

Sir  Fr.  Winn.  But  captain  Yratz  was  n» 
physician  ;  why  should  he  send  you  a  letter  to 
talk  about  physic  ?  . 

Harder.  It  was  nothing  but  my  lord  would 
speak  with  me. 

Hr.  Williams.  We  need  not  trouble  ourselves 
with  this  fellow,  he  confesses  he  found  the  Po- 
lander  in  the  count's  house. 

Sir  Fr.  Withens.  Pray,  Sir,  let  me  ask  you, 
who  was  with  the  count  on  Sunday  night. 

Harder.  Mr.  Hanson  was  there,  I  think  ■ 

Sir  Fr.  Withens.  Who  else  ? 

Harder.  The  captain  came  in,  and  went  out 
again. 

Sir  Fr.  Winn,  What  time  of  night  was  it 
that  Vratz  came  into  the  count  T 

Harder.  It  was  at  the  same  time  that  I  was 
with  him. 

Sir  Fr.  Winn.  That  he  swears  to  be  about 
nine  o'clock  :  was  it  after  Mr.  Tbynn  was 
killed  ?—  Harder.  We  had  not  heard  it. 

Sir  FV«  Winn.  Sir,  was  it  nine  of  the  dock  ? 

Harder.  Yes,  it  was. 

Mr.  Williams.  You  say  you  found  the  Polaop" 
der  at  the  count's  lodgings  ? 

Harder.  Yes,  upon  Saturday  morning. 

Mr.  Williams.  Then  he  came  along  with 
you  from  the  count's  lodgings  ? 

Harder.  Yes,  to  my  house. 

Mr.  Willianu.  And  you  parted  with  him 
there? 

Harder.  Yes,  the  captain's  man  took  him 
away  with  him. 

Mr.  Williams,  That  was  Berg,  was  not  it  f 

Harder.  Yes. 

Then  this  Evidence  was  interpreted  to  the  Joiy. 

Mr.  Craven.  He  desires  the  jury  should 
know  what  the  doctor  said  about  his  sickness. 

L.  C.  J.  Let  it  be  repeated  to  them. . 

Mr.  Craven,  He  desires  to  know  whether  he 
may  not  speak  it  in  French  himself. 

L.  C  J.  No,  the  Interpreter  must  do  it ; 
I  (which  was  done.)  My  lord,  would  you  ask 
any  more  questions  of  tne  Doctor  ? 

Count  Con.  No  more  questions  but  them  I 
h  ave  osked  t 

SirFr.  Winn.  Call  Thomas  Howgood.  [Who 
was  sworn.] 

Mr.  Williams. '  Pray,  did  you  sell  any  sword 
to  the  count?    . 

Howgood.  I  sold  a  sword  to  the  goremor ;  t 
broad  horseman's  sword. 


47]      STATE  TRIALS, .34 Charles U.  I682.— TVts/  of  Cotmi  Cmmgimnrh     \4S 

Mr.  Williams.  When  wu  this  P 

Howgood.  On  Satufday  was  fortnight. 

Mr.  WilUam.  What  tune  was  it  that  he  be- 
0poke  it  ? 

Howgood,  He  bespoke  it  half  an  hour  after 
6  at  ni^t. 

Mr.  Williams.  What  did  he  say  to  you  when 
he  bought  it  P 

Howgobd.  He  said  he  would  call  for  it  about 
d  o'clock  at  night,  when  he  came  from  the 


^i&; 


fr.  WilUam.  What  kind  of  sword  was  itP 

Howgood,  An  horseman's  sword,  as  broad  as 
two  fingers,  such  as  the  gentlemen  of  the 
guards  wear. 

Sir  Fr.  Winn.  When  he  came  for  the  sword, 
what  said  he. ^ 

Howgood.  He  was  angry  it  was  not  done, 
and  I  told  him  that  I  would  send  it  to  him 
quickly. 

Sir  Jr.  Winn.  Where  was  it  sent? 

Howgood.  To  the  Governor's  lodgings  at  the 
academy. 

Mr.  Williams.  Now,  my  lord,  we  call  several 
persons  that  were  privy  to  the  concealing  of 
this  gentleman,  that  can  give  you  a  better  ac- 
count, Richard  Hayes  and  Robert  French. 

^Robert  French  appeared  and  was  sworn.] 

Sir  Fr.  TTinn.  Piray  will  you  tell  my  lord 
wliat  you  know  of  the  count's  concealing  him- 
self and  changing  his  habit. 

French.    I  never  saw  him,  my  lord,  before  I 
came  here  in  court ;  but  it  seems  be  did  lodge 
in  my  house  3  or  4  days. 
■   Sir  Fr.  Winn.  How  lone  is  it  since  ? 

French.  Between  3  weeks  and  a  month  ago, 
just  10  days  before  the  murder. 

Sir  Fr.  Winn.  What  name  did  he  go  by 
then? 

French.  I  did  not  know  his  name. 

Sir  Fr.  Winn,  Who. used  to  resort  to  him  at 
that  time? 

L.  C.  J.  You  say,  Sbr,  you  saw  him  not, 
what  company  did  come  to  him  P 

French.  1  did  not  see  him  indeed.  * 

Sir  Fr.  Winn.  Pray  did  captain  Vratz  come 
to  him  to  your  house  r 

French.  He  lodged  with  him  all  the  tiiiift. 

Sir  Fr.  Winn.  You  say  you  know  capt 
Vrsts  was  there  ?—JWficA.  Yes. 

Mr.  Williams,  Did  Dr.  Harder  use  to  come 
to  him  ? — French.  Yes,  seyeral  times  a  day. 

Mr.  Willianu.  What  name  did  he  enquire 
for  him  by  ? 

French.  The  Doctor  took  the  kdg^ing  and  it 
was  for  a  strancer ;  I  heard  no  name  at  all. 

Interpret,  my  lord  desires  to  know^  whether 
you  did  not  su^ect  he  took  physic  in  the 
house? 

«  French.  I  suppose  the  Doctor  did  give  you 
an  aecoont  of  that ;  1  don't  know  that  he 
did. 

Interpret.  Did  not  your  siaid  know  of  any 
•uch  thfng  ? 

French.  Myviaidis  her^abowillgireyou 
■aaocount 


8k  Fr.  Winn.  .  Call  Ana  Prince ;  (Who 
sworn.)  Pray  do  you  acquaint  my  lord  what 
you  know  of  count  Coningsmark;  whether 
ever  you  saw  him  at  your  master's  housQ  in 
the  Hay -market  P 

Prince.  Yes,  he  lodged  there. 

Mr.  WiUiam.  When  ? 

Prince.    He  came  thither  last  Friday  was  a 
month. 

Mr.  Williams.  How  long  did  he  stay  there  T 

Prince.  Till  Wednesday. 

Mr.  Williams.  At  that  time,  who  used  ta 
frequent  his  company  P 

Prince.  I  know  nobody  but  the  doctor  that 
used  to  come  to  him. 

Mr.  Williams.  What  name  did  he  go  by? 

Prince.  No  name  at  all,  as  I  know  of  ^  they 
did  not  ask  for  him  by  any  name. 

Mr.  Williams.  Did  the  captain  use  to  eomm 
tohunp 

L.  C.  J.    Her  master  says  he  did  lie  there. 

Prince.  Yes,  he  used  to  lodge  there. 

Mr.  Williams.  Did  the  captain  giye  him  iMiy 
physic  ? 

jL.  C.  J.  No,  butthe  doctor  did. 

Sir  Fr,  Win.  He  only  asks  a  merry  quesk 
tion. 

Z.  C.  /.  But  we  are  now  upon  the  life  and 
death  of  a  man,  pray  let  us  have  those  Ques- 
tions asked  that  are  serious,  not  iauch  light 
tilings  as  are  permitted  in  ordinary  cases. 

Sir  Fr.  Win.  Now,  my  lord,  we  will  call 
Francis  Watts. 

Mr.  Craven.  Maid,  my  lord  asks,  whether 
he  did  not  take  a  vomit  in  your  house  ? 

Prince.  Not  that  I  know  of. 

Then  Fra$u^  Watts  was  swom. 

L.  C.  J.  How  old  is  the  child  P 

Watts.  15  years  old  lost  Christmas. 

L.  C.  Baron.  Ask  him  whether  he  under- 
stands what  an  oath  is  P 

Mr.  TAj/nn  He  was  swom  befinre  the  king 
and  council. 

L.  C.  B.  If  he  were  swom  before  the  king 
and  council,  he  may  give  evidence  here  sure. 

Sir  Fr,  Win.  Were  you  at  the  couut's  aa^ 
vice  at  any  time?— -YTa/^^.  Yes. 

SirFr.  Win.  Howk>ngP 
-  Watts.    I  was  with  him  11  days :  I  came  lo 
him  upon  the  Friday. 

Sir^r.  Win.  How  long  was  it  before  the 
death  of  Mr.  Tbynn? 

Watts.  I  think  it  was  10  days  ^fore  the 
death  of  Bfr.  Thynn. 

Sir  Fr,  Win.  What  was  your  employmeot 
with  him? 

Watts.  His  boy  to  wait  upon  liiro. 

Sir  Fr.  Win.  Did  you  lie  in  the  same  lodg- 
ing?— Watts.  No,  at  my  &ther's. 

Sir  Fr.  Win.  What  was  the  agreement  be« 
tween  your  fitther  and  the  count  ? 

Watts.  6d.  a  day  and  my  diet. 

Sir  Fr.  Win.  What  comnany  did  you  ob- 
serve came  to  the  count's  lodgings  P 

Watts.  That  gentkmaB  toere  in  the  hlaoli 
perriwig. 


19]        STATE  TRIALS,  34  Charles  II.  iG^^'^-md  Mer$Jar  M^ier.       f  5(> 


mt  Fr.  Win.     Wts  li^  •i^p  with  your 


Watt$.  Yei»  efery  4ay. 

Su*  Ft,  Win,  Hov  masxj  lodlgiDg^thBd  he 
viiile  j<m  w«r«  with  him  ? 

Wattt.  Three:  One  19  the  Haynuuriket, 
md,  one  ia  Rupert  i^r^et,  and  Uien  the  last  in 
St.  Maitw'g. 

Mr.  WiUiimtf'  Thns, child;  doyoureipem- 
.  ber  the  timeof  kiUiiigMr.  Thynar 

WmUs.  Yes. 

Mr.  WUUam.  Were  yo«  in  yo«r  master's 
semccthenP—JFa/if,  Yes,  I  was. 

Mr.  WiUiatiu,  Who  was  in  rmir  master's 
ompsDy  ihat  morning  hefmrelir.  Tbymi  waa 

JDl]0d  ? 

Waiis.  I  came  vp,  as  I  used  to  do  id  the 
momin^  to  my  master,  and  he  asked  me  what 
was  tbematter  with  the  hustle  in  the  strael ? 
And  I  told  him  somdbody  was  takeo  upon  sus- 
pkaon  of liHinif  esquire  Thynn. 

Sir  IV.  Winn,  That  was  on  IVlonday  mom- 
ii^;  bat  the  Smiday  raonung  before,  what 
eomtpoBy  did  you  observe  there  then  ? 

WaiU,  I  cannot  teU  any  thing  exactly  of  the 
Sunday  morning. 

8ir>r.  ITian.  Was dmtainVratz there? 

Wmtts,  I  canhot  eaxdj^  remember. 

Sirl^r.  Winn.  Whai  time  in  the  ereoii^ 
was  it  reported  Mr.  Thynn  was  killed? 

Watti.  Aboat  8  o'ek)ck. 

Sir  JV.  n^im.  Can  you  tell  who  hrooffht  the 
fintaews?  ^ 

.  Wmtts,  One  of  my  Udy  Sejrmour's  nuuds, 
who  was  teHing  the  people  of  it  below. 

Sir  JV.  Winn.  Did  you  oboerre  any  body 
oome  to  your  master's  lodgings  afterwards  ? 

Watts.  \ en. 

Sir  Ft.  Wi*n.  Pray  who  came  ? 

Watts,   Tliat  gentleman  in  the  Uadt  perri- 


IFi^^iaaif .  Pray  in  what  habit  was  he  ? 
how  came  he  in  ? 

Watts,  He  came  in  a  great  coat ;  I  cannot 
tell  whether  it  was  doth  or  camblet. 

Mr.^  Williams,  And  what,  did  he  speak  to 
auyhody,  or  go  strait  op  ? 

iVattt,  Noy  he  spoke  to  nobody,  bat  went 
Mrak  np  stairs. 

Mr.  Williams,  Didhegouptoyourmastar's 
ladflngs? 

Waits,  Yes,  I  beliere  so,  hut  I  stayed  below 
ia  the  shop. 

Mr.  Wiuiami,  How  long  did  you  stay  in  the 
shop? 

Waits,  I  stayed  there  about  half  an  hoar. 

Mr.  Wiiliams,  Did  yon  leave  biul  there? 

Watis,  Yes,  I  did. 

Mr.  WiUiioms,  Did  he  cOMinue  there  aH 
the  time  that  you  were  in  the  house  ? 

Wmtts.  Yes. 

Ml*.  WilUams.  What  time  did  vou  go  awa^  ? 

Watis,  About  throe  quarters  oran  hour  after 
tel  gentleman  came  in. 

Sir  Fr.  WUAins.  Do  you  rememher  you  had 
aayAeonAe  with  the  count,  aboiit  nding  on 
SandayP 

▼OL.  IX. 


Watts,  He  asked  me  on  Sunday  in  the  fore- 
noon, whether  people  were  suffered  to  ride 
about  the  streets  on  horseback  on  Sundays  ? 

Sir  Fr.  Winn,  This  was  that  Sunday  morn- 
ing, was  it  ? 

Watts,  Yes :  He  asked  if  they  might  be 
suffered  to  ride  about  the  streets  on  Sunday  ? 
I  told  him  yes,  before  sermon-time  and  ansr 
sermon-time. 

Sir  Fr,  Winn,  About  what  time  of  the  day 
was  it  that  he  had  heard  this  discourse  ? 

Watts,  AboutlOor  llo'ckKsk. 

Sir  Fr.  Winn,  Are  you  sure  it  was  Sunday  ? 

Watts,  Yes. 

Sirfr.  Winn.  Then  I  as|c  you  another  ques- 
tion:  Upon  Sunday  nooming,  or  any  other 
time,  do  you  remember  that  the  Polander  was 
with  the  count  your  master  ? 

Watts.  He  came  in  on  the  Saturday  morning. 

Mr.  Willianu.  Was  he  in  the  company  or 
presence  of  the  count  ? 

Watts,   I  was  aboye  stairs  when  he  came  in. 

Sir  Fr.  Winn.  What  do  you  know  of  any 
sword  that  was  delivered  to  him  ?  v 

Watts.  Upon  Sunday  morning  tb«>re  was  a 
sword  brougnt  to  my  master's  kiikfings,  and 
my  master's  man  took  it  of  me,  and  earned  it 
up  stairs,  and  this  man^  the  Polander,  after* 
wards  had  it  below  stairs. 

Mr.  Williams.  When  was  thiasword  brought 
to  your  master's  house  ? 

Watts.   It  was  on  the  Sunday  morning. 

Mr.  William.  What,  the  cutler  brought  the 
sword? 

Watts,  No,  it  was  sent  by  a  porter  from  Mr. 
Hanson. 

fltU*.  WilUams.  What  room  was  it  carried  into 
when  it  was  brought? 

Watts.  I  think  I  did  not  carry  i^  up :  Yes, 
truly,  now  1  remember,  I  did^  ahd  deliveiad 
it  to  my  master. 

^r.WiUiums.  Pray  wh^t  did  the  eoui||t  say 
to  you  ? 

Watts,  I  asked  him  if  ^ere  needed  an  an- 
swer to  the  note  I  carried  with  it,  and  h^  saH 
no. 

Mr.  Williams.  To  whom  was  the  sword  de« 
livered  afterwards  ? 

.    Watts,  It  was  brought  dowui  and  afterwacda 
this  Polander  had  it. 

Mr.  Williams.  That  man  there? 

Watts,  Yes. 

Mr.  Williams,  You  jeulv  that  the  sword  was 
^en  to  jthe  Polander :  Pray  speak  that  the 
jury  may  hear.  Who  brought  dowi^-  the 
sword  ? 

Watts.  I  saw  it  in  the  Polander*s  keeping 
when  it  was  below,  but  I  cannot  say  who 
brought  it  down. 

Sir  Fr.  Winn.  Where  did  the  PoUnder  dine 
on  Saturday  ? 

Watts.  He  dined  with  my  master's  torn  and 
I  on  Saturday. 

Sir  Fr.  Winn.  Where  did  he  He  that  night  ? 
At  whose  chamber  ? 

Watts,  At  our  lodgings  in  the  garret,  in  my 
master's  man's  dhamber. 


•^1     STATE  Trials,  34  Charles  II.  1 6S2^1VW  <»/  CaktU  Ceningimdrk     ( 5r 


Sir  JV.  Winn.   What  day  was  this,  do  you 
•ay? — Watts.  Saturday. 

Mr.  Williams,    When  the  Pulander  had  the 
'•word,  do  you  remember  auy  boots  that  he  had 
under  his  arm  ? 

Watts.  Yes,  he  bad  boots  under  bis  arm. 

Mr.  Williams.  And  he  had  the  si^'ord  with 
him  when  he  went  ai;i  ay? — Watts,  Yes. 

Mr.  Williams.  Had  he  any  coat  ? 
'.    Wdttn.  Yes,  a  new  coat. 

Mr.  Williams.  Well,  I  astc  you  once  more, 
.what  time  of  day  was  it  that  fape  went  away 
with  the  sword  and  the  boots  ? 

Watts.  It  was  ip  the  forenoon. 

Mr.  Williams..  What  day  of  the  week  ? 

Watts.  Stindav  morning'. 

X.  C.  J.  Ay,  but  your  doctor  that  you  exa- 
mined before,  says,  the  Pohinder  went  away 
'  with  him,  and  be  was  not  there  on  Sunday 
mominjr. 
.  Sir  Fr.  Winn.  It  is  true,  my  lord,  it  was  too 

*  tender  a  |K>int  for  the  doctor,  he  lies  under 
some  suspicion  ;  and  it  is  proximus  ardet  with 
him.  ^  ' 

^  '  L.  C,  J.    Well,  call  him  again :  Look  you, 

'  lloctor j  you  were  asked  before,  and  now  you 

are  asked  again,  were  you  at  count  Oonings- 

*  inark's  lodgings  on  Sunday  morning  ? 

Dr..  harder,  1  cannot  certainly  telL 

L.  C.  J.  When  did  you  see  the  Polander  at 
the  coqnt's  lodgings,  and  whether  was  it  on 
Sunday  morning  ? 
'  .  Dr.  Harder.  On  the  Sunday  morning  I  did 
not  see  him.  The  only  time  was  when  ffotch- 
ed  him  from  my  lord's ;  I  have  not  seen  him 
betbre  nor  since. 

JL.  C.  J.  Then  call  the  boy  again.  Where 
did  the  Polander  dine  on  Saturday  P 

Watts,  He  diued  with  me  and  my  master's 
man. 

L.  C,  J.  Where  ? 

Watts,  Below  in  the  kitchen  of  our  lodgings. 

L.C.J,  Where  by  thePolander  that  night? 

Watts,^  He  lay  in  our  garret. 

L.  C,  7.  When  went  be  ftom  your  master's 
lodgings  ? . 

Watts.  On  Sunday  morning. 

Mr.  William*.  Had  he  an  old  coat  or  a  new 
ceat upon  him  f-^Watts.  He  had  a  new  coat. 

L.C.  J.  WasJhe  doctor  with  him  ? 

Watts.  Yes,  Ae  doctor  went  away  with  him. 

Dr.  Uartler,  I  have  not  seen  the  Polander 
above  ouoe  in  my  life. 

Sir  Fr.  Winn^  But  were  you  at  the  count's 
on  Sunday  morning,  or  no,  I  ask  you  P 
,  Dr.  Harder.  I  do  not  know  whether  it  was 
Saturday  or  Sunday. 

L,  C.  /.  But  when  you  fetched  him  away, 
was  it  Saturday  or  Sunday  morning  P 

Pr.  Harder.  My  lord,  I  cannot  very  well 
remember. 

X.  C.  J.  Had  the  Polander  a  sword  when 
jon  went  away  h  ith  him  ? 

J^r,  Harder.  I  cannot  positively  say,  but  (as 
travellers  commonly  have)  he  might  have  a 
•word. 

Six  Fr.  Winn.  Now  come  to  youraelft  •&<! 


deal  honestly,  for  von  are  upon  your  oath  ;  I 
ask  you,  firie^d,  this,  you  say  he  might  liatr# 
a  sword,  do  you  remember  a  pair  of  boots  ? 

Dr.  Harder.  No,  1  do  not, 

Sir  Fr.  Winn,  Do  you  remember  the  co«t 
he  had  uppermost  ? 

Dr.  Harder.  Yds,  he  had  something  oiid0r 
his  coat,  but  I  don't  know  it  was  boots. 

X.  C.  Baron,  Had  he  a  buff-ooat  under  hiv 
campaign  ? — Watts.  Yes. 

Sir  Fr.  Withens.  Let  me  ask  you  one  ques- 
tion, young  man ;  do  yon  remember  you  saw 
any  musquetoon  in  your  master's  lodging  f 

iVatts.  I  did  see  a  gun  there. 

SirFr.  Wtthens.  When  was  that? 

Watts.  I  saw  it  upon  Saturday. 

Mr.  WiUiams.  The  musquetoon  or  gun  that 
was  in  your  master's  lodgings,  was  it  thtft 
which  was  brought  by  the  PoNHider,  or  no. 

W^tts.  I  cannot  tell  that. 

Mr.  WiUiams.  Waa  it  a  long  piece  or  a 
short  piece  P 

Watts.  It  was  not  a  short  pieces 

X.  C.  J.  Did  the  Polander  take^it  awagr 
with  him  P-*  Watts.  No,  not  that  I  know  of. 

Mr.  WiUiams.  Now,  ybun^  man,  I  would 
ask  you  as  to  Monday  roonung :  about  what 
time  on  Monday  morning  did  you  come  to  your 
master's  lodgings  ? 

Watts.  U  was  between  seven  and  eiglift 
o'clock,  a  little  after  seven. 

Mr.  WiUiams,  What  condition  was  he  in  F 
Was  he  in  bed,  or  up  ? — Watts.  He  was  up. 

Mr.  WiUiams.  What  was  he  doing  ?  Was  h« 
packing  up  ? — Watts.  Not  that  I  see. 

Sir  Fr.  Winn.  It  was  when  he  asked  you 
about  the  hubbub  in  the  street ;  pray  tell  what 
he  said  to  you  ? 

Watts.  He  asked  me  what  the  matter  was 
with  the  bustle  in  the  street,  and  I  told  hioi 
that  some  were  taken  that  had  killed  esquir* 
Thynn  ;  and  I  told  him  all  thestory,  as  near  a# 
I  could  :  he  asked  me  when  esquire  Tliyno 
was  murdered ;  1  told  him  the  night  before  ^ 
but  I  did  not  mind  any  thing  that  was  done : 
but  as  I  went  down  stairs,  1  met  with  a  stran- 
ger, and  he  went  up  stairs,  but  I  never  saw  my 
master  after,  till  he  was  taken. 

Sir  Fr.  Winn.  Did  he  ask  you  what  Mr. 
Thrnn  was  P 

tVatts.  Yes,  and  I  told  him  I  heard  he^wi# 
a  man  of  a  great  estate,  and  well  beloved,  and 
that  the  duke  of  Monmouth  was  in  the  eoaeb 
but  a  little  before,  and  if  he  had  not  gone  out^ 
he  had  been  killed  too. 

Sir  IV*.- ITmn.  What  said  the  count  to  voui 
when  von  told  him  Mr.  Thynn  was  well  be- 
loved ?— Watts.  He  said  nothing. 

Sir  Fr.  Winn.  Can  you  remember  who  if 
was  came  to  your  master  then  P 

li  'attS'  I  know  the  man  if  I  see  him  again^ 

Sii*  Fr.  Winn.  Do  you  know  his  name  f 

Waits,  No,  I  do  not  know  his  name. 

Mr.  Williams.  Were  any  of  your  masltr*^' 
goods  earned  away  then  P — Watts.  Yes. 

Mr.  WiUiams>  What  goods,  were  caiq(| 
away  then  ?—  WaU$^  Two  pnrtmantton 


Mr*  WilUmmi.  Who  carried  them  away  f 

Watts.  My  father  carried  them  away. 

Mr.  WUUams,  What  time  was  it  ? 

Watts.  Between  dght  and  jiiae  oVilock, 

Sr  Jr.  Winn.  Itwaa  time  to  J>e  gone.  How 
parted  youand  your  master  ? 

Watts^  The  stranger  did  come  in,  and  I 
never  saw  mj  master  afterwards. 

%  Fr.  Winri,  What,  did  your  master  take 
pa  leaTe,  nor  say  any  thing  to  you  ? 

Watts.  No. 

3ar  Fr.  Winn.  What  kind  of  periwig  had  he 
when  he  went  away  ? 

Watts,  He  had  a  black  perriwig« 

Sir  Fr.  Winn.  What  clothes? 

Watts.    A  light-coloured  suit,   wiih  gold 

^QtlODfS. 

X.  C.  Baron.  Will  the  count  ask  the  hoy 


'& 


in  the 


_  IT.  Craven.  Did  you  see  the  gun 
floom  after  the  Polanuer  was  gone  ? 
Watts.  Yes. 

L.  C.  J.  It  is  very  plain  that  this  gun  was 
none  of  the  sun  that  did  this  uuschief,  but  the 
gnn  the  lV)lander  brought  over  from  be- 
yond sea. 

Sir  Fr.  Winn.  Call  the  boy's  father,  Thomas 
Watts,  (who  was  sworn.)  How  long  have  you 
known  the  count  ? 

71  Watts.  I  do  not  know  him,  but  as  I  have 
aeemhint, 

8ir-J?r.  Winn.  Were  you  employed  to  carry 
any  thing  for  him  ? 
T.  Watts.  Two  or  three  times  I  was. 
Sir.    Williams.   When  were  you  last  em- 
ployed by  him  P 

T.  Watts.  The  morrow  afier  the  murder  was 
committed. 

Mr.  Williams.  'What  tiaae  in  the  morning 
was  it? 

T.  Watts.  It  was  between  eight  and  nine 
o^dock  in  the  morning. 
Mr.  Williams.  What  was  it  you  did  for  him  ? 
T  Watts.    I  carried  a  portmantle,  and  a 
portmantle- trunk,  and  some  other  things. 

Mr.  Williams.  Where  were  you  directed  to 
deliver  these  ? 

T.  Watts.  His  man  told  me  they  were  to 
go  to  Windsor. 
Mr.  Williams.  Welly  tell  the  whole  story. 
T.  Watts.  He  i  bid  roe  carry  them  to  Char- 
ing-CroGs,  that  they  might  be  put  into  the 
coach  there.  But  when  he  came  to  Chariuff- 
Cross,  a  coachman  and  he  had  some  wor£, 
and  he  hid  him  open  his  boot,  and  then  he  took 
the&ingv  fcom  me,  and  put  them  into  the 
coach. 

L.  C.  /.  Who  was  it  that  told  you  they  were 
to  gp  to  Windsor  ? 
T.  Watts.  It  was  his  man. 
Sir  Fr.  Winn.  I  would  ask  you.  Sir,  when 
iris  the  first  time  you  knew  the  count  ? 
T.  Watts.  It  was  ten  or  eleven  days  before. 
Sb  Fr.  Winn.  What  was  the  occasion  that 
hnn^t  yoa  acquainted  with  him  ? 

7.  Watts.  I  was  Dr.  Frederick's  porter,  and 
lie  sent  me  to  carry  sobe  things  to  tba  count. 


9}        STATE  TRIALS,  34  ChaklbsII.  1  $82.— ^mf  oikenjar  Mwnkr.       f 54 

Mr.  WiUimu.  Wat  it  your  son  that  waited 

upon  him  ? 

T,  Watts.  Yes.  For  when  I  brought  tho 
things,  they  said  they  had  forgot  to  give  me  a 
sword  which  I  was  to  carry  with  the  things  : 
and  I  said,  tliat  I  had  a  boy  that  I  woul^ 
send,  and  I  did  so,  and  so  th^  tock  a  likiog  to 
the  boy. 

Mr.  Williams.  What  was  the  agreement  for 
your  son's  service  ? 

T.  Watts.  Six-pence  a  day  and  his  victuals'. 

Sir  Fr.  Winn.  What  Was  the  man's  name 
(as  you  remember)  that  eave  you  the  things  t^ 
carry  to  the  coach,  whicb  were  said  to  go  for 
Windsor?— r.  Watts.  I  cannot  tell  his  name. 

Mr.  Williams.  He  that  pinched  and  pusbeil 
yon  back,  and  took  the  things  from  you,  and 
put  them  into  the  coach  ? 

X.  C-  J.  Did  you  see  the  count  that  mem* 
'mg?—T.  Watts.  No,  I  did  not  see  him. 

Mr.  Williams.  Have  you  been  laboured  and 
sought  to  by  any  body  to  conceal  your  boy,  that 
he  should  not  be  brought  at  this  trial  ? 

T.  Watts.  No,  Sir. 

Mr.  Williams.  Had  you  no  endeavours  used 
with  you  about  it  ?—T.  Watts.  No. 

Mr.  Williams.  Did  nobody  speak  of  any  sudi 
thinfftovou?— r.  Watts.  No. 

Mr.  Williams.  Did  any  merchant  or  any 
body  send  to  you  about  this  boy,  to  take  him 
into  service  ? 

T.  Watts.  There  was  a  merchant  that  would 
hare  helped  the  boy  to  a  place  on  Saturday 
last,  but  the  jierBons  that  Hould  have  procured 
it,  were  about  it  a  good  while  ago. 

Mr.  Williams.  Call  Derick  Raynes  and 
Richard  Cliappel,  (who  were  sworn,  and  Raynes 
stood  up.)  yV  hen  did  you  see  the  count,  the 
prisoner  at  the  bar  ? 

Raynes.  On  Monday  in  the  afternoon. 

Mr.  Williams.  What  time  was  it  in  the 
afternoon? — Raynes.  In  the  evening. 

Mr.  Williams.  Where  was  it  ? 

Raynes.  At  my  hmise. 

Mr.  Williams.  Where  is  that? 

Raynes.  At  Rotherhith . 

Mr.  Williams.  How  came  the  count  to  your 
house  ? 

V   Raynes.  I  know  not ;  1  was  not  at  home 
when  he  came. 
'  Mr.  Williams.  Pray  when  you  saw  him,  had 
he  his  own  hair  or  a  perriwig,  or  how  was  ha 
habited? 

Raynes.  He  had  black  hair  then. 

Mr.  Williams.  How  long  did  he  continue  at 
yonr  house  ? 

Raynes.  From  Monday  till  Thursday  morn- 
ing. * 

Mr.  Williams.  Was  he  privately  there  or  pub- 
lickly  ? 

Raynes.  He  walked  up  and  down  the  house. 

Sir  Fr.  Winn..  What  countryman. are  you? 

Raynes.  I  am  a  Swede, 

Sir  Fr.  Winn.  What  became  of  him  alter 
Thnwday. 

Raynes.  On  Thursday  morning  he  to^ 
water  and  went  to  Deptford. 


55]      STATE  TMALS,  S4  CttAute  II.  16«S*— 7H«i  «f  Ccmt  OmiitgtMrk     iS6 

Chtqmd.  OitThittadiy  taataiag,  at  ttnof 

tlio  cloclc* 
Mr.  William.  Where? 


KrJFr.  TFtten.   Whattray  dMllego,lr|r  boat 

or  hov?  ? 

Raynes.  A  waterman  carried  him. . 

Mr.  WiUiums.  Pray  what  did  the  ccnmt  say 
to  you  aboat  his  comiog  in  a  disguise  to  your 
house  ? 

Raynes.  I  knew  nothing*  at  all.  I  came  late 
home,  and  when  I  came  to  know  of  him  what 
be  was,  then  he  told  me  that  he  was  count  Co- 
ningfsmark. 

Mr.  WiUiami.  What  did  he  say  to  you  when 
you  discovered  that  he  was  the  count?  What 
did  he  tell  you  of  his  business  ? 

Ratines'  He  said  nothing ;  but  that  he  was 
desirous  to  go  to  Gravesend. 

S'u-  Fr.  Winn,  Upon  your  oath,  Sir,  did  you 
furnish  him  with  any  clothes  ? 

Kaynes.  Yes,  I  lent  him  a  coat 
■  Sir  Fr.  Winn.   What  say  you  to  a  black 
Auit? 

Raynes.  The  blacksuitdid  not  belong  to  roe. 

Sir  Jr.  Winn.  Whats?y  youtoa  velvetaip? 

Raynet.  I  helped  him  to  a  coat,  stocking, 
and  shoes. 

Sir  Fr.  Winn.  Thai  I  ask  you,  what  did  he 
declare  to  you  ? 

Raynes.  Why,  he  did  desire  to  have  those 
clothes. 

Sir  Fr.  Winn.  You  are  an  honest  man,  teU 
the  trntl). 

Raynes.  He  declared  nothing  to  me. 

Sir  f>-.  Winn.  When  you  dressed  him,  i^hy 
did  he  put  on  that  habit  r 

Raynes.  He  thought  his  own  clothe^  were 
ioo  cold  to  go  upon  the  water. 

Sir  Fr,  Winn.  Had  he  no  deaths  before  ? 

Raynes.  Yes,  he  had. 

Mr.  Williams.  You  had  the  warmer  coat,  had 
you? 

Sir  Fr.  Wmn.  Did  he  desire  you  to  let  him 
have  your  clothes,  because  he  was  in  trouble  ? 

Raynes,  He  desired  a  coat  of  me,  and  a  pair 
of  stockings  to  keep  his  legs  warm ;  and  when 
be  had  got  them,  his  own  shoes  would  not 
come  on,  so  I  lent  him  a  pair  of  shocis. 

Sir  Fr.  Win?i.  I  do  ask  you,  did  he  declare 
the  reason  why  he  would  nave  tho$e  deaths 
was,  because  ne  would  not  be  known  ? 

Raynes.  He  said  he  was  afitud  of  coming 
tnto  trouble. 

Sir  Fr.  Winn.  Why  were  you  unwilling  to 
tell  this  ? 

Raynes.  As  soon  as  I  came  to  know  he  was 
iStie  man,  I  told  him  he  should  not  stay  in  my 
house. 

Sir  Fr.  Winn.  Did  you  lend  him  those 
clothes,  or  seU  them  ? 

Raynes.  I  lent  him  them. 
Sir  Fr.  Winn.  Had  you  them  again  ? 
Rayngs.  No,  I  had  not. 
Sir  IV,  Winn.  Are  you  paid  for  them,  or  no? 
Raynes.  No,  my  ship  lies  at  the  key,  and  I 
came  home  late  in  the  evening,  and  found  him 
there. 
Sir  Fr.  Winn.  Setup  Richard  Chappel. 

'  BIr.  Williams,  When  did  you  first  see  that 
gentleman  ? 


Chappel.  At  Rodberbith. 

Mr.  Wmiam.  How  came  you  to  him?  Who 
brought  you  f-^Chappel.  That  man. 

Mf .  William.  What  were  you  to  do  with 
him  ? 

C/tappel.  To  carry  him  to  Gratesend. 

Mr.  Williams.  Do  you  row  in  a  pair  of  oati, 
ora  sculler  ?—CAap»€/.  AscuUef. 

Mr.  Williams.  Whither  did  Von  carry  the 
count  that  day  ?— Chappel.  To  Deptibrd. 

Mr.  Williams.  Whither  the  next  day? 

Chappel.  To  Greenwich. 

Williams.  And  whither  then  ? 

C/mppel.  To  Greenhith  and  then  the  iMSt 
day  to  Gravesend. 

Mr.  Williams.  Was  he  in  the  same  do^ife 
all  the  while? 

Chappel.  Yes,  all  the  while. 

L.  6.  Baron.  Were  you  hired  to  wait  upon 
him  all  that  time  ? 

Chappel.  Yes,  I  was  to  have  five  sbittidgk 
every  24  hours. 

L.  C.  Baton.  Was  he  alone  ? 

Chappel.  No,  this  man  was  with  him. 

L.  C.  J.  Did  he  go  in  the  sculler  with  him  ? 

Chappel.  Yes,  to  Deptfbrd. 

»Ir.  Williams.  Well,  no#  we  will  call  the 
gentleman  that  seized  him  at  the  waterside  at 
Gravesend. 

Sir  Fr.  Winn.  What  did  the  count  call  hioK 
self?  What  profession  did  he  tell  you  he  was 
-af? 

Chappel.  He  told  me  he  was  a  merchant. 

SirSV.  Winn.  Did  he  say  he  was  a  jeweller, 
upon  your  oath  ? 

Chappel.  Yes,  hfe  said  hfe  had  bought  jewels. 

Sir  Fr.  Winn.  Where  is  Mr.  Gibbons,  and 
Mr.  John  Kid  P 

[Who  wei*e  sworn,  and  Mr.  Kid  stood  upt^ 

Mr.  Williams.  Mr.  Kid,  pray,  sir,  will  you 

acquaint  my  loh)  and  the  jury  in  what  condl- 

'tion  you  found  the  count  at  Gravesend  ?  Tell 

the  whole  story,  and  speak  aloud,  ^at  all  may 

hear  you. 

Kid.  I  had  some  information  upon  Friday- 
night  of  him. 

Mr.  WilUatns.  Of  whom  and  what  ? 

Kid.  Of  the  count  where  he  was.  So  I 
made  it  my  bnsmess  to  enquire  into  it  On  Sa- 
turday in  the  aHemoon  a  gentleman  came  tb 
me,  and  guve  me  certam  information  where  he 
thought  that  gentleman  the  count  was.  This 
gentleman  coming  to  me,  said,  Mr.  Thynn  iH  ti 
stranger  to  me,  but  said  he,  I  would  not  hare 
Mr.  Thynn's  blood  lie  at  my  door.  This  same 
person  who  is  put  out  in  the  gazette,  I  beheve, 
1^  at  a  neighbour's  house  of  mine.  Says  he,  I 
desu-e  you  to  be  private  in  it,  because  it  may  do 
you  a  prejudice  ;  so  we  went  into  a  coach  at 
Charing-cross  to  go  to  a  justice  of  peaee;  I 
did  not  know  where  sir  John  Reresby  iWed,  bitt 
enquired  of  Mr.  Gibbons,  who  told  me,  but  be 
was  not  At  hovaey  and  Mr.  Brid^nan  was  not 


17]       arrMTE  trials,  H  CttAntti  II.  lG^$.-^iii{  9thetBj&r  Mitrder.        r5> 


■t  bonif )  ib  1(fiG!V6Dt  to  ftit  teCfft^tHtf  tfnd  flwre 
we  hiMl  a  Irarrant,  and  then  I  cmtte  by  wtkter  to 
RoAetiitfh,  and  t^s  same  Raines  that  ih»  ex- 
anrineil,  and  hm  wife  wliere  be  lay,  were  g&ne 
to  Greenwieb  to  carfy  liis  ekftfaes,  a  grey  miff, 
ad  other  elMbes  that  he  had  left.    So  gfOing 
dawn  to  GrfeeiMriob,  we  caHed  etery  boat  that 
was  upon   the  fiver  aboard  of  us,  to  know, 
frhaiee  they  catile.    Afid  t^e  had  takeh  b6r 
fkstttr  tkoog  with  as,  and  she  called  out  her 
•aber's  name,  Bfall  Raynea,  and  her  brother's 
name,  Derick  Raynes,  and  so  at  last  we  got  the 
boat  wherein  they  were,  on  hoard  of  ns.    A»»d 
We  asked  the  man  what  he  had  done  with  the 
eentleman  that  lay  at  his  house  ?  He  dechired 
be  was  gone  away,  he  did  not  know  whither. 
So  I  Went  back  again  to  ibis  gentleman  that 
<*aTe  me  this  first  inihrtnation,  who  did  go  to 
htm  as  a  neighbour,  to  know  whither  he  was 
etme,  and  whetehe  was  to  be  found,  and  where 
be  wocdd  hind.  9a  he  declared  the  particulars : 
That  if  we  missed  him  that  night,  we  should 
haTe  him  iti  the  Hope  upon  Mondar  morning, 
yapoa  a  Teasel  that  was  to  be  cleared  upon  M on- 
miy  morning,    ^o  upon  Sunday  night  coming 
to  Graresend  dbout  eight  ot  time  o'clock,  or 
IbereaAioats,  there  he  landed.    There  were  13 
or  14  St^edes  at  the  same  house  where  he  was 
to  land  ;    so  we  thought  it  convenient  to  take 
Ilin  at  his  first  landing,  lor  fear  of  further 
danger.  8d  I  staid  at  the  Red 'Hon  back- stairs, 
and  he  landed  at  the  fbre-stairs,  where  the  wa- 
termen were.  As  soon  as  he  was  laid  hold  of,  I 
eameto  him ;  said  I,  your  lordship  shall  not 
Want  finr  any  thing  that  is  convenient.    He  de- 
sired to  know  whether  I  knew  him ;  I  told  him 
yes ;  and  that  his  name  was  count  Coning^- 
mark.     That  is  my  name,  says  be ;  I  do  not 
deny  h.  So  the  mavor  came,  and  the  Custom- 
faoose  officers  searched  him,  and  found  nothing 
at  all  of  any  arms  about  him.    He  desired  he 
might  be  used  like  'a  gentleman,  and  so  he  was  ; 
fer  there  waa  no  abuse  given  to  him,  as  1  know 
of.    Coming  op  the  river,  the  most  of  my  dis- 
touRK  was  about  material  aflkits  ;  a  seijeant 
that  h^d  the  command  of  a  file  of  mnsqueteers, 
%hieh  the  deputy  governor  sent  to  guard  the 
coout  to  Whitehall,  a  gentleman  sittit^  there 
by  me.  Was  asking  me  concerning  Mr.  Thynn's 
tnnrder  ;  I  told  him,  that  I  was  at  Newgate  on 
t^riday,  afad  there  I  saw  those  that  had  done 
thai  barbarons  f^ct.    With  that,  my  lord  asked 
what  lodgii^  ^ere  were  in  Newgate  P  And 
Whetfier  the  captidn  had  a  good  K)dging  ?  I 
told  him  a  very  good  one.   I^  asked  me  whe- 
ther he  confessed  any  thing:  I  told  liim  he 
had  omfessed  some  particulars.    And,  said  I, 
it  is  the  most  baiharous  thine  that  ever  was 
done.  Cvtainlyy  says  my  lord,  this  Mr.  Thynn 
most  have  correspondence  and  commerce  with 
tome  lady  that  this  captaib  knew,  that  belong- 
Hi  to  the*conrt,  or  he  would  never  have  done 
it  As  for  the  Polander,  1  told  him  that  be  had 
eonAMed,  he  wept  mightily.    With  that    my 
lordseemed  \ery  much  concerned,  and  took  up 
llts  clothes  and  bit  them,  and  sat  awhile  up, 
hot  Was  verv  mtieb  dSscoodposed,  and  then  de- 
aired  to  lie  down. 


Sir  Ff,  Winn.  That  Was,  wbcM  ym  told 
him,  the  Polander  had  oonfeascd  f 

Mr.  Kid.  Yes  ;  my  lord  was  miglMily  al« 
tared  in  his  countenance. 

8ir  Fr.  Winn.  1M  yon  at  the  first  time  that 
you  seized  him  charge  him  with  the  tuurder  ? 

Mr.  Kid,  No  I  did  not. 

SirFr.  Winn.  Was  he  in  a  black  perriwig? 

Kid.  His  cap  fell  oflf,  and  his  pemwig,  just 
as  I  came  to  him. 

Sir  Fr.  Winn,  Set  up  Mr.  Gibbons.  Pray 
will  you  tell  what  passed  ? 

Gibbons,  My  lord,  as  soon  as  ever  he  came 
to  shore,  I  walked  by  him,  and  gave  him  a 
little  kind  ofa  justle ;  and  ray  reason  was,  to  see 
whether  he  had  not  a  black  coat  under  his  cam- 
paign :  I  walked  close  to  him  just  in  this  man- 
ner, as  be  walked  along,,  so  he  turns  about  n^^n 
and  went  down  to  the  waterside,  and  adced  the 
watermen;  Watermen,  have  you  stowed  your 
boat  f  They  answered,  yes.  Then  come  away, 
said  he  ;  so  soon  as  he  came  back  again,  1 
catcfaedliim  fast  hold  by  the  arm,  and  the  first 
word  he  said  to  roe  was,  What,  do  you  come  to 
rob  iwe  ?  Said  I,  my  lord,  you  are  liiy  prisoner, 
and  I  told  him  I  was  the  king's  measenger, 
that  had  waited  several  days  for  him  ;  and 
holding  of  him  very  hanl;  whether  that  was 
the  occasion  of  it  or  the  watermen  that  wera 
od^the  other  side  of  him,  he  dropped  down  his 
sword  between  his  legs  ;  but  when  1  named  hit 
name,  he  gave  a  little  start,  and  his  perriwig 
dropped  oH'  his  fiice.  We  went  up  tbe  stnpet  to 
the  mayor,  and  the  people  crowding  about  us, 
were  very  rude  and  very  rugged,  and  he  de- 
sired be  might  be  well  used.  We  did  all  we 
could  to  keep  the  people  from  him  ;  We  went 
up  to  the  mayor's  house,  and  when  we  came 
there  I  desired  he  might  be  searched,  whether 
he  had  any  arms  ;  He  said  he  had  none,  and 
there  was  none. 

Sir  Fr.  Winn,  When  yon  had  the  custody  of 
him,  whither  did  you  carry  him  ? 

Gibbons.  We  carried  him  to  the  mayor'a 
hodse,  and  afterwards  we  removed  him  from 
his  house  to  an  inn. 

Sirfr.  Winn,  What  did  yon  do  the  next 
day? 

Gibbons.  We  staid  there  about  ^me  two  ot 
three  hours.  After  an  hour,  or  half  an  Inmi^a 
time,  near  upon  an  hour,  my  lord  came  ""to  me 
and  asked  mewmy  name  ;  and  he  said,  the  rea- 
son was,  that  after  his  trouble  was  over  he 
would  give  me  thanks  for  my  civility  to  him. 
Captain  Sinkleer,  who  stood  up,  gave  him  my 
name  before  I  could,  that  it  was  Gibbons.  Yea, 
said  I,  my  name  is  Gibbons,  and  I  belong  to 
the  duke  of  Monmouth  :  Why,  says  he,  the 
duke  of  Monmouth  has  no  command  now 
and  therefore  bow  could  I  take  him  by  hia 
order  ?  My  lord,  said  I,  I  do  not  apprehend 
you  by  his  order ;  you  have  killed  a  very  good 
friena  of  mine,  and  had  not  providence  ordered 
it  othen^'ise,  you  had  like  to  have  killed  a  more 
particular  friend,  and  a  master :  So,  my  lord, 
he  seemed  to  be  very  sorry  at  that ;  but,  says 
he,  I  don't  think  they  would  have  done  any 
harm  to  the  duke  of  Monmouth. 


<  a 

il9]      STATE  TRIALS,  M  Chabi^ks  tl.  1682.— Tm/  of  CowU  Cmumgmmrk      [6* 

tberp  ore  ^igainrt  yoa.  That  yoo  weft  oogni- 
zant  of  thisy  and  that  you  were  the  perwm  thai 
deogned  this :  That  you  cnxae  into  Ensland 
about  a  fortnight  or  3  weeks  before  the  death 
of  Mr.  Thynn ;  that  cwtain  Vratz,  who  was 
one  of  them  that  killed  nim,  came  with  you, 
that  he  lav  at  your  lodging,  that  he  was  oon« 
stantly  with  you,  that  you  lay  incognilo  there^ 
and  prifate,  would  not  be  known  what  your 
name  was,  that  you  shifted  lodgings  from  time 
to  time,  that  Borosky  the  Polander  came  OTer 
by  your  order,  Wias  brought  to  your  lodging, 
was  provided  for  there,  that  be  had  clothes,  and 
be  bad  a  sword  provided  by  your  lordship  foi^ 
him,  and  that  tliere  was  care  taken  that  it 
should  be  an  extrordinary  good  sword,  that 
you  did  discourse  to  Mr.  Hanson  about  your 
calling  Mr.  Thynn  to  account,  and  this  ropch 
about  the  time,  or  a  little  before  the  time  of  hia 
death,  and  what  the  laws  of  England  would  ba 
in  case  you  should  call  Mr.  Tliynn  to  account} 


Sir  ¥r,  ITtlm.  What  else  did  he  say? 

GibboM.  I  think  I  have  told  you  all  that 
is  material. 

Sir  Fr.  Winn,  Were  you  in  the  boat  at  any 
tune,  and  gave  him  any  account  of  the  roan's 
having  confessed ;  what  did  he  say  to  it  ? 

Gibbons,  Sir,  I  was  not  there,  nor  I  did 
not  come  uii  in  the  same  boat  with  him. 

Mr.  Williamt.  Did  he  mention  any  thing 
about  a  stain  to  his  blood  ? 

Gibbons,  I  ask  your  pardon,  he  did  so. 

Mr.  Williams,  What  did  be  say  ?. 

Gibbons,  Says  he,  it  is  a  stain  upon  my 
blood ;  but  one  good  action  in  the  wars,  or  one 
lodging  upon  a  counterscarp  will  wash  away  all 
that. 

L.  C,  J,  What  did  he  say  was  a  stain  upon 
his  blood? 

Gibbons.  My  lofd,  if  you  please,  I  will 
tell  you :  As  I  said,  he  asked  me  my  name,  be- 
cause he  would  come  to  give  me  thanks  for  my 
civility  after  his  trouble  was  over;  the  captain, 
bc'in{>:  quicker  than  I,  told  him  my  name :  Yes, 
Sir,  said  I,  'tis  Gibbons,  and  I  belong  to  the 
duke  of  Monmouth  ;  said  he,  he  has  no  com- 
mand now,  how  could  you  come  upon  his 
order  ?  Said  I,  I  do  not  come  upon  his  com- 
mand, but  you  have  killed  a  very  good  friend 
of  mine,  and  a  ooun|ry  man ;  and  if  providence 
had  not  ordered  it  otberwne,  you  had  killed  a 
more  particular  friend  of  mine,  and  a  master, 
that  I  bad  served  many  years ;  said  he,  I  don't 
think  they  would  have  done  the  duke  of  Mon- 
mouth any  injury  :  After  that  he  walked  up 
and  down  a- while,  and  then  said  he,  'tis  a  stain 
upon  my  blood ;  but  one  good  action  in  the 
wars,  or  a  lodging  upon  a  counterscarp,  will 
wash  away  all  that  The  mayor  was  m  the 
room,  and  several  others. 

Sir  JV.  Witin.  Pray,  Sir,  one  thing  more; 
when  you  did  speak  to  him  of  confession,  did 
he  say  any  thing  to  you  about  captain  Vratz  ? 

Gibbons,  l^r,  he  was  only  asking  of  me 
how  thinflfs  were,  what  the  people  said,  or 
some  such  thing  ?  1  was  not  forward  to  tell 
him  at  first,  but  afterwards  I  did  tell  him,  that 
the  captain  had  made  a  confession,  thoiigh  it 
was  athin^  I  did  not  know  then.  Says  he  I 
do  not  beueve  the  captain  would  confess  any 
thing. 

X.  C.  J,  Did  he  say  so? 

Gibbons,  Yes,  he  did,  to  the  best  of  my 
remembrance.  ^ 

'  Sir  Fr,  Winn,    We  have  done  with  our  ^i- 
denoe,  my  lord. 

L,  C.  J,  My  lord  Coningsmark,  will  you 
ask  him  any  thing  ? 

Count  Coningsmark,    No. 

X.  C,  J,  Then  the  next  thing  is,  you  heard 
the  evidence  that  is  given  against  you.  Now 
you  must  come  to  your  defence :  I  will  put 
you  in  mind  of  some  things,  my  lord,  which 
things  it  will  concern  you  to  give  some  ac- 
eount  of.  It  is  here  laid  to  your  charge.  That 
you  were  accessory  to  this  murder  of  Mr. 
'Thynn,  and  that  you  were  the  person  that  di- 
rected and  designed  it*    And  tnese  evidences 


my  lady  Ogle.    And  that  after  all.  this,  Mr, 
Borosky  was  not  only  clothed  by  you,  but  was 
sent  by  you  to  Vratz,  (that  the  Doctor  says) 
and  after  Vratz  him,  that  he  lay  in  your  lodg- 
ing that  night  before  this  evil  tning  was  done, 
and  after  toe  thing  was  done,  the  same  night 
Vratz  came  to  your  lodging  and  was  with  you, 
and  had  private  conference  with  you,  that  the 
next  morning  you   got  up  and  went  away, 
though  you  had  taken  physic  the  night  be- 
fore, and  though  you  yourself,  nor  your  Doc- 
tor, thought  you  fit  to  go  abroad,  and  you  go 
away  incognito,  in  a  pernwig,  disguised,  you 
direct  your  servant  to  carry  your  clothes  one 
way  while  you  go  another ;  then  you  &;o  down 
to  tne  water-side,  and  lie  private  near  the  river, 
at  a  Swede's  house  at  Rotherbith  for  several 
days  together ;  you  afterwanls  take  great  care 
to  conceal  yourself,  by  changing  your  clothes, 
and  putting^  yourself  in  a  gain  not  like  your 
own,  and  giving  out  you  were  a  merchant  or  a 
jewdler,  or  some  other  trade;  that  afterwarda 
you  trifled  away  the  time  and  went  2  or  3  miles* 
and  then  strucK  in  upon  one  side  of  the^river* 
and  afterwards  on  the  other  side  of  the  river, 
suspiciously  up  and  do^vn  not  to  be  known,  and 
this  not  like  yourself  in  any  manner,  but  io  a 
pitiful  popr  disguise,  and  hire  a  sculler  to  carry 
you,  from  whom  you  concealed  yourself,  and 
so  all  along  you  trifled  away  the  time  till  yoa 
were  taken  at  Gravesend :  That  afterwards  wbea 
you  were  taken,  you  were  inquisitive  about  the 
captain,  whether  ne  did  confess ;  that  you  should 
likewise  say  some  such  suspicious  words  aa 
these,  That  you  believed  those  who  killed  Mr. 
Thynn  had  no  design  against  the  duke  of  Mon- 
mouth ;  that  yon  nelieved  the  captain  would 
not  confess;  that  you  seemed  to  be  concecned 
when  you  were  told  the  Polander  had  cob« 
fessed ;  that  afterwards  you  should  say,  my 
lord,  this  is  a  stain  to  my  blood  ;  but  one  good 
action  in  the  wars,  or  a  Jod^^ing  upon  a  counter- 
scarp, will  take  away  all  thia,  or  wash  it  clean. 


f  1]        STATE  TRIALS,  S4  CHAfttsft  11*  I^S^l^miI  otters,  far  Muritt.        [62 


And  then,  wbk^  is  also  testified  against  yon, 
Ihat  yim  dbould  ask  the  boj  that  ?ery  morning 
«f  tbie  day  the  oDnrder  was  committed,  whether 
&ey  used  in  Lcmdon  here  to  permit  men  to 
nde  up  and  down  on  horse-hadt  upon  a  Sun- 
^y  ?  Now  these  thmgs,  my  lord,  it  wiU  im- 
f9ti  you  to  give  some  account  of. 

Sir  N.  Jokason.  My  lord  says,  he  desires  he 
BiaT  answer  all  these  things  one  after  another. 

X.  C.  /.  Let  him  do  so.  And  first  let  him 
answer  what  his  reason  was  to  come  into  £ng- 
kod  in  such  a  manner  incognito,  at  this  time, 
and  lie  concealed,  when  he  had  been  in  £n§r. 
land  betbre,  and  Uved  in  a  mighty  good  eqm- 
paee  and  condition  ? 

Mr.  Craven,  My  lord,  he  says  that  hearing 
there  was  a  p^ce  between  Swedeland  and 
England,  and  Holland  designed,  and  like  to  be 
eonfimied  suddenly  against  the  French,'  he 
same  with  a  design  to  serve  England,  and  to 
niae  a  regiment  of  horse  here  for  the  serrioe 
of  tbe  king  of  England. 

Gonnt  Comngtmark,  If  any  such  peace 
shooid  be,  if  any  appearance  of  an  alliance he- 
tween  Enifland  and  Holland,  and  Swedeland^  I 
had  a  des^  to  propose,  if  I  could  have  a  regi- 


L»  C.  J.  Why  did  he  come  unknown,  aikd  in 
a  disguise? 

Sir  N.  Johnum.  Secondl3r  he  sa^s,  my  lord, 
the  reason  of  his  coming  incognito  was,  be- 
sanse  he  had  a  distemper  upon .  his  arms  and 
biesst,  and  having  formerly  tried  and  employed 
dus  physician,  and  having  experience  tnat  he 
was  an  able  man,  he  was  resolved  to  lie  private- 
hr  till  he  had  cured  himself ;  ibr  he  could  not 
dnak.  wine  nor  keep  company,  having  this 
distemper  upon  him,  and  he  was  afinid,  if  be 
had  ki^"^  oompany,  it  would  have  hindered  his 
cure,  and  he  should  not  have  been  so  soon 
cured,  as  if  he  kept  in  the  house  ^  and  he  says, 
that  his  equipage  could  not -come  'till  after, 
and  he  would  not  willingly  appear  'till  he  had 
his  equipage  as  a  man  of  his  quality  ought  to 
do;  and  these  were  the  reasons  that  made  him 
keep  private. 

Z.  C  J.  Pray  ask  him  upon  what  occasion 
he  did  chanse  his  lodgings  so  often  ? 

Sir  N.JoSuon.  He  says  that  his  first  lodging 
was  changed  because  it  was  too  cold  for  bun ; 
and  he  says,  the  next  lodging,  where  he  was, 
diose  that  were  there  can  tell,  the  room  where 
he  was  smoaked  so  cruelly,  that  he  was  not 
able  to  endure  it.  And  be  says,  he  liked  the 
house  BO  well,  that  he  sent  to  see  if  the  chimney 
could  b|^  mended,  and  it  was  not  to  be  done, 
otherwise  he  had  gone  back  to  that  house,  and 
he  has  the  man  and  his  ivife  to  bear  witness  of 
ft,  if  you  please. 

X.  C.  /.  Let  him  call  them. 

Count*  Call  Joseph  Parsons  and  his  wife. 
[But  they  did  notappear.3 

L  C.  J.  Then  ask  my  lord  this,  to  what 
nrpose  he  did  brine:  over  this  P<ribnder  here  ? 
fieoogfat  to  oonsiderofthot,  and  give  an  ac- 
foaot  why  he  brought  him  hither. 
'  bt^prtUr.  He  says  thi#  Pole  was  taksn 


into  his  service  ivhen  hewent  to  Tangier,  whea. 
he  went  several  thousand  miles  to  do  the  king's 
service,  and  he  had  designed  at  that  time  to 
bring  him  into  England  to  dress  his  horses 
after  the  German  way. 

X.  C  /.  Had  the  Polander  been  a  groom 
formerly  ? 

Interpreter ,  He  s^y**  he  thinks  he  bad  been 
groom  to  his  uncle  beiore. 

X.  C.  J.  Bat  to  what  purpose  did  he  bring 
him  hither  ? 

Interpreter.  He  says  there  was  a  great  dis* 
course  about  Strasburgh's  being  besieged,  he 
did  design  to  buy  some  hordes,  for  every  dne4id 
ar|n  themselves ;  and  he  says  he  sent  over 
1,000  pistols  to  be  answered  by  themerchant^ 
here,  to  buy  horses. 

X.  C.  /.  Hath  he  any  body  to  prove  it  ? 

Count,  There  is  Mr.  Risby,  Mr.  Hanson^ 
and  my  brother. 

Young  Counts  My  lord,  I  had  a  bill  of  Ex- 
change. 

X.  C.  J.  For  bow  much  paonev,  my  lord  ? 

Young  Count,  For  1000  pistols,'  to  buy 
horses,  and  he  has  bought  one  horse,  and  way 
to  buy  more. 

X.  C  J.  Do  you  bear,  gentlemen,  what  he 
says  ?  He  came  over  to  buy  horses,  an'd  he 
returned  1,000  pistols  for  that  purpose ;  and  his 
brother  (Joes  attest  there  was  such  a  sum  return- 
ed by  hdis  of  Exchange,  for  the  buying  of 
horses. 

Interpreter.  My  lord,  he  says  he  does  fear 
that  the  jury  that  do  not  undei'stand  English^ 
do  not  understand  his  reasons  for  being  in  a 
disguise. 

X.  C,  J.  Cannot  he  give  an  account  of  k 
himself? 

Mr.  Williami,  No,  my  lord,  his  evidence 
must  be  interpreted  to  them  by  the  Interpreter. 

X.  C.J.  Tne  doctor's  evidence  haUi  been 
heard  already  abbut  the  same  nuitter. 

Sir  N,  Johnson.  He  desires,  my  lord,  to  know 
this;  whether  he  niay  not  say  the  same 
things  over  again  to  the  jury  m  French? 
there  are  a  great  many  persons  of  quality  that 
understand  it,  and  they  will  see  whether  he 
speak  true. 

X.  C.  /.  Let  him,  if  he  pleases. 

Sir  Fr.  Winn.  But  then,  my  lord,  I  hope 
that  your  lordship  will  tell  the  jury  it  goesror 
nothing  without  proof. 

[Then  the  Count  spoke  to  the  Jury  in  French. 

X.  C.  J.  My  Lord,  I  do  not  knoi^  whether 
thegentlemen  that  are  of  your  right-hand  heard 
you  or  not 

Jurymen.  We  understand  not  French.  [Then 
the  count  spake  it  in  Dutch.] 

Interpreter.  He  says,  if  it  had  not  been  (w 
the  great  stormy  weather,  the  Pohmder  had 
been  sooner  in  London,  for  he  sent  for  him  * 
before.  He  says,  the  letters  go  fiomStras* 
bufg  to  Hamburgh  inseven  days,  and  that  moai 
commonl^r  diips^do  come  from  tibenoe  in  sMt 
days,  but  in  a  great  deal  less  time  than  the  ro- 
lander  eamsovar  in.    And  he  says,  thai  ha  mit 


63]     STATE  TRIALS,  34  Charles  II.  l682.-*Tna/  ^f  Cmni  Coning9wmrk     [64 


four  months  before  to  i«toh  the  Polander  ov«r, 
and  be  mi^bt  have  been  here  long  ere  now,  if' 
it  had  not  been  for  the  weather. 

L.  C.  J.  Then,  my  lord,  I  would  ask  you 
some  more  questions,  which  concerns  yoik  to 
answer.  Upon  what  occasion  did  you  male 
your  discourse  of  Mr.  Thynn*s  death  to  Mr. 
Hanson  ?  Had  you  any  <Uscourse  with  him  ? 
and  upon  what  occasion  r 

Sir  N.  Johmon.  My  lord,  he  says  in  common 
discourses,  it  is  impossible  to  give  an  account  of 
the  di80ourse,H)r  renaember  the  occasion  of  it  so 
long  ago. 

L.C  J.  Adc  him  if  he  bad  any  quairci  with 
Mr.  Thynn?  Or  knew  Mr.  Thynn  ? 

^  N.  Jolmson.  He  saytf,  my  lord,  that  he 
never  had  any  quarrel  with  Mr.  Thynn,  nor  to 
the  best'  of  his  remembrance,  with  bU  eyes, 
jMver  saw  Mr  Thvnn. 

L.C,J.  Then  1  ask  you  this,  my  lord,  did 
you  ever  bear  Mr.  Toypn  liad  married  my 
lady  Ogle  before  you  last  came  into  Eng- 
land ? 

Interpreter.  He  says,  he  never  heard  of  it 
ontilbe  wasgoin^toStrasbargh,  and  then  all 
the  whole  town  did  talk  of  it 
L,  C.  /.  How  long  is  that  ago  f 
Interpreter.  Half  a  year  ago. 
L.  C^J.  Then  k  was  before  hu  last  coming 
into  England. 

I9ir  Fr,  Wihn.  My  lord,  his  discourse  with 
Mr.  Hanson,  was  not  when  he  was  last  in  town, 
but  before. 

L.  C.  J.  Then  pray  ask  Irim  tbifl,  what  oc- 
casion be  had  to  ask  the  boy  upon  SundaT. 
whether  horses  might  ride  about  the  town  of  a 
Sunday  ? 

Interpreter.  He  says,  my  lord,  this  is  a  veiy 
strange  thing,  that  he  s&odld  go  and  ask  a 
seoHMn-boy,  whether  people  might  ride  on 
Smdays,  when  he  himself,  over  and  over  again 
has  rid  upon  Ssoidavfii  to  Hyde-Paik,  as  niany 
persons  of  qualitr  do. 

L.  C.  J.  Has  be  any  body  to  pvove  it? 
Bir  N.  Johnwa.   Here  is  major  Oglethorp, 
(who,  with  divers  other  gentlemen,  testified  they 
liad  seen  him  ridingr  divers  times,  en  Sundays, 
m  Hyde-Par^.      " 

L.  C.  J.  Tnen  that  questten  signifies  no- 
thing ;  there  oould  be  notbinff  in  that  question. 
Sir  N.  Jchmon.  My  lordThe  de^res  that  I 
may  b«^  examined  concerning  the  boy,  of  what 
I  heacd  by  chance  from  the  boy  himself,  and  I 
wfll  give  you  an  account  of  it  upon  my  &ith  and 
Toputation. 

£.  C.  /.    Do  BO,  Sir  Nathaniel,  say  what 
you  can  say. 

Sir  N.  Johnmrn.  My  lofd,  I  having  had  the 
honour  to  serve  a -while  under  my  lord's  fother, 
I  WM  desirous,  knowing  the  honour  of  the 
fhbuly,  and  bearinga  grrat  respect  to  it,  to  do 
My  lord  all  the  rea^inable  service  I  could.  So 
heiHing  my  \Kvr6  was  taken,  ajid  in  Newgate, 
i  went  to  wtMt  upon'him  ;  and  coming  there, 
if  r.  Uiohardson  told  me^  there  was  a  Uttle  boy 
*«nai«id  at  the  count's  door  for  his  wages,  as  he 
mki.   So  Iapak«t»lhebey,  andtfkadhim, 


whatdo'st  thou  stay  for  ?  He  laid  rae  for  his 
wages.  Said  I,  certainly  nay  Imtl  will  pay 
you  your  wages ;  how  long  hare  yoq  aerve« 
nim  ?  He  said,  a  little  whila  ;  and  then  said  I, 
if  you  Ikwed  with  him,  what  do  you  know  of 
his  business?  And  then  ofhinaseif  he  began 
and  told  me :  only  this  I  know.  That  VralB 
was  an  my  master's  chamber  that  oitffat,  and 
the  PolauM'  that  mght  went  4Mit  wim  a  jpair 
of  boots  under  his  arm,  and  more  than  this  I 
do  not  know.  Said  I,  boy,  who  do  yau  serye  ? 
Says  be,  I  have  no  master  at  present;  but 
mn  of  his  own  accord  be  told  me,  sir  Thnmm 
Thynn  bad  nroKused  him  a  place,  and  in  the 
mean  time,  r  am,  says  he,  to  go  to  aerre  my 
lord  Privy-Seal;  and  oo  noiyToed  gave  him 
90r.  for  his  wages. 

Interpreter.  My  lard  desices  die  boy  may 
he  asked',  whether  he  did  not  go  to  fetch 
plwwc. 

X.  C  /.  Ask  him  ;  where  is  the  boy  ? 

Watts.  No,  1  do  not  remember  it. 

L.  C.  J.  Now,  you  should  put  the  oooot  in 
•mind. 

Sir  Fr.  Winm.  We  observe  what  a  aovt  of 
iaterprelar  sir  N.  JohniMm  is  :  he  speaks  move 
like  an  advocate  Uian  an  interpreter  ;  he  min- 
gies  iQterpfeter,  and  witness,  and  advdbate  to- 
getl)er,  I  don't  know  what  to  make  of  him. 

L.  C,  J.  The  count  had  taken  physw  that 
day. 

i^  TAoimu^IT^n.  My  lord,  I  desire  to  be 
heard,  I  never  smdte  to  the  boy  in  ail  my  lifo. 

Mr.  rAyiifi.  Nor  I.  Bai  he  gave  the  same 
testimony  be  ^ves  now,  bcfose  the  king  and 
council: 

jL  C  J.  Look  you,  sir  Thomas,  it  does  nat 
ooacern  you  at  all  tospeak  to  tfaait,  there  is  no 
reieotioii  made  upon  you  in  it  But  my  Imrd 
Ckmiogsmark,  it  wiU  conceni  you  a  htUe,  to 
shew  upon  what  occasion  eaptam  Vratx  came 
to  you  that  night  that  Mr.  Thynn  waa  IdHed. 

interpreter.  He  says,  my  lord,  he  cant 
teU  why  he  came  there ;  it  is  a  proper  ques- 
tion to  ask  ^rntain  Vratz  himself. 

L.  C.J.  That  can't  be. 

Interpreter.  He  says,  my  lord,  he  kept  his 
chamber  at  that  time;  he  had  taken  cold 
upon  his  taking  physic,  and  the  captain  came 
to  give  him  a  visit,  and  he  never  reflected  what 
any  one  came  for  ;  he  was  lying  upon  his  bed. 

L.  C.  Baron.  Pray  a^  my  lord  this :  why 
this  man,  tliat  was  sent  over  to  attend  horses, 
should  came  upon  tlie  Friday,  and  a  cam- 
paign coat  be  boiiglit  him  on  the  Saturday,  and 
he  nimiriied  with  a  sword  on  the  Sunday  P 

'  Interpreter.  My  lord,  the  noise  is  great,  but 
I  suppose  your  lordship  desires  to  know  what 
was  the  reason  why  he  Dought  a  sword  for  him 
and  a  coat? 

L,  C.  Btunm.  Ay,  and  how  he  came  by  the 
buff-coat  ? 

interpreter.  He  ^ays  he  had  that  before. 

L.  C.  Betron.  Bat  why  must  he  have  sueh 
aatrong  baaket-bilted  sword  furnished  him  in 
a  day's^time. 

^iitmrpreter.  He  aaye,  my  lord,  ••  to  the 

4 


fe]        WMrra  TfrtlALS,  S4  Charles  11.  l682.— amf  others, for  Murder.        [66 


iSMiies^  ^Heii  lie  saw  bun  with  all  his  clothes 
leni,  he  must  of  necessity  g«t  him  a  coat,  or 
life  he  was  a  shame  to  him  and  hisi^enice. 
And  19  for  the  sword,  it  \ras  no  more  (he  sa^^s) 
ihaa  what  servants  of  bis  bulk  and  making 
ned  to  wear. 

%  If.  Jokrt^m.  And  he  says  aQ  t!ic  servants 
«f  gjentlemeti  it  Gennany  weai*  such  broad 
tirordv. 

i.  C.  J.  You  know  it  yoarself,  sir  f^athantei 
Jbhosdn,  you  hart^trareUed  there. 

Sir.N^.  Johnson.  Yes,  my  lord,  they  do  ;  and 
flie'  Vo\es  much  broader  and  greater  swords 
Aaa  the  others*  Here  is  one  in  court  that 
liffa  a  gr^at  broad  sword  now  by  his  side. 

L.  C.  J-  Now,  my  lord,  it  will  im|)ort  you 
tft  ^e  some  account,  how,  you  having 
troD^ht  over  this  Polandcr  (as  you  say)  to 
\htioae  boTses,  and  help  you  in  the  mauage- 
Bsent  erf  them,  to  take  care  of  them  in  the 
kahire  of  a  oroooi,  how  yon  came  to  part  with 
Mm  to  captekn  Vratz  as  soon  as  he  came  over  ? 

Interpreter.  My  lord,  he  says,  being  that 
tap  was  sick  himself,  and  tliere  was  no  hopes  of 
'  iSic  alliance  between  England  and  Holland,  he 
had  na  ^tmh  occasion  for  him,  as  when  he 
%rrate  ftnr  him,  and  thei^fore  saw  no  reosod  to 
fteep  him. 

X.  C  J.  How  long  was  it  beftre  that  he 
imts  for  Htnii  ? 

Coant.  JFy  lord,  after  the  siege  of  Stras- 
idrgh,  when"^  every  body  thought  there  would 
hwfe  been  a  War,  but  it  was  not  so  ;  th^efbre 
f  had  not  need  of  him,  but  he  had  been  seven 
#eek9  at  sea  ;  and,  my  lord,  it  is  a  common 
lOam^  iuQermanv. 

Interpreter.  He  says,  it  is  a  common  thing 
id  diehr  coantry ,  to  gpve  servants  aWay ,  if  there 
htriio  occastoa  for  them. 

Cnrnf.  My  lord,  it  is  a  common  thing  in 
QeiYilany,  it  may  be,  it  may  not  be  so  much 
fMdin  England  to  give  a  servant  away. 

jL.  C.  l^rpn.  What,  the  next  day  that  he 
comes  orer  ? 

t,  C.  J.  WUat  say  yon,  Or  Nathaniel 
Jblnisoit'? 

flb  If.  Jxjknian.  Yes,  my  lord,  it  is  Yety 
ifeqoent  in  Germany  to  give  a  servant  away  if 
tbere  benousenf  him^  for  these  Folaadcrs  are 
Hke  blares. 

Interpreter,  And,  my  lord;  he  says>  that 
Mr.  Russel  does  know,  that  the  merchant  that 
seat  him  over  hither  is  a  man  of  good  repute ; 
0eA'  if  this  man  had  had  an  ill  deputation  in 
(Sennany,  he  vvo'titd  not  have  sent  hitit. 
'  Witnctf.  My  loi*d,  I  know  very  well  he  is  a 
tan  of  very  gfreat  credit'  in  Hamburgh,  and  of 
great  estate. 

LC.  Ji  Bid  he  send  over  this  Polander? 

Witness,  Yes,  my  l6rd,  so  I  understand. 

X.  C.  f.  Ctta  3'ou  speak  of  his  credit,  sir 
IKftbsiei  J(^lm<«yn  ? 

*  Witwag.  Of  the  metclianfs  credit  I  cian, 
my  lord  ;  I  know  him  to  be  a  man  ^f  consi- 
derable estate  and  credit;  He  is  a  man  of  such 
itpotaiiofi,  tHal  he  would  not  send  a  man  of  an 
m^utatiaii'. 

TOi.  IX. 


i.  C.  Baron,  Oh,  Sir,  '  Nemo  .  rcpente  ftt 
'  turpissimus.'  He  could  not  be  so  ill  a  roan  at 
the  nrst  dash  ;  he  must  be  a  man  probable  tor 
such  a  service. 

•Sir  Fr.  Winn.  You. may  observe,  my  lord, 
how  sir  Nathaniel  Jubnsoii  v  ho  is  interpreter 
in  the  case,  is  a  witness,  and  argues  for  the 
prisoner  too. 

Mr,  Witliamt,  Pray,  ^  Nathaniel,  is  a 
rencounter  the  killing  of  a  man  after  this 
manner  ? 

Sir  N.  Johnson,  A  rencounter  is  another 
sort  of  thing',  Sir ;  you  don't  speak  as  if  you 
were  a  soluicr. 

Mr.  Wiihams:  My  being  a  soldier  or  not 
is  nothing  to  the  business ;  but  the  captain  said, 
he  intended' to  have  made  a  rencounter  of  it. 

Sir  Fr,  Winn,  But,  my  lord,"  we  desire  to 
take  notice  of  sir  Nathaniel's  forwardness ; 
for  it  may  be  a  precedent  in  other  cases. 

L.  C.  J.  What  do  you  talk  of  a  precedent? 
When  did  you  see  a  precedent  of  a  like  trial  of 
strangers,  that  coidd  speak  not  a  word  of  Eng- 
lish; but  you  would  fain  ha\e  the  Court 
thought  hard  of,  for  doing  things  that  are  ex- 
traordinary in  this  case. 

Mr.  Craven,   My  lord,  he  desires  he  ifaay 
inform  the  jury  what  he  sent  for  this  Po- 
lander for. 
X.  C.  J,  Let  him. 

[Then  the  domA  spake  it  in  French  and  Dotch.] 

9 

L.  C,J.  My  lord,  another  thing  is  diis,  how 
came  your  lordship  presently  to  go  aws^  in 
such  a  private  secret  manner,  and  to  direct 
your  clothes  to  be  sent  as  it  were  to  Windsor  ? 
And  yourself  to  go  away,  and  to  make  such  a 
private  withdrawing  of  yourself  down  the 
river  in  this  manner  F 

Mr.  Craven.  My  lord,  he  says,  that  one 
Markham,  that  is  here,  came  and  told  him, 
^at  upon  the  killing  of  this  man  by  the  Po- 
lander and  the  captain,  who  were  taken  in 
such  a  fact,  there  was  a  discourse  of  it  that 
it  might  turn  to  hb  prejudice,  and  &at  the 
common  people  do  commonly  fall  upon  stran- 
gers; that  his  tay  lor  told,  him;  that  he  heard 
the  common  people  name  him'  as  concerned  in 
it^  and  that  he  believed,  if  the  common  people 
did  catch  him,  they  would  tear  him  to  pieces, 
and  so  his  friends  did  counsel  him  that  ha 
would  withdraw  himself. 

L.  C.  J.  Is  the  taylor  here  P  Call  him. 

Interpreter,  Call  Markliam  the  taylor.  (n^ho 
stood  up.) 

Sir  N.  Johnson.  My  lord,  he  says,  that  he 
was  afraid  the  people  might  tear  him  to  pieces, 
before  he  could  come  to  justify  himself. 

X.  C.  J.  Look  you,  friend j  did  you  come 
to  coimt  CohiAgsmark's  lodgings  after  Mr. 
Thynn  was  killed,  on  the  Monday  morning  f 

Markham.  Yes. 

L.  C,  J.  What  did  you  tell  him  ? 

Markham,   I  told    him  nothing,  but  I  wa> 
sent  there  by  Mr.  Hanson  ;  savs  he,  tell  the 
count  that  the  duke  of  Monmouth  and  several   • 
noblemea  have  beeb  here  :  ^o  w  I  had  not  s^ea 

F 


671     STATE  TRIALS,  34  Cuables  II.  1 68£.^Trta/  fff  Count  Conhtgmmrk      [69 

the  count  at  that  time  before,  but  he  told  me 
ivhere  he  lod^d ;  when  I  came  there  I, told 
the  count  of  it,  but  be  told  me  he  knew  no- 
things of  it ;  but,  said  he,  I  am  sorry  if  any 
such  thine  be  done. 

L.  C.  J.  But  what  did  you  say  his  friends 
advised  him  to  about  it  ? 

Markham,  I  did  say  nothing  of  it. 

[Then  the  count  spake  to  him  in  Duteh.] 

Markham.  That  was  aflcrwards. 
'  X.  C.  J.  What  was  that  afterwards  ? 

Markham,  I  was  told,  the  people  said,  if  he 
were  taken  he  .would  be  knocked  on  the  head. 

X,  C.  J.  What  time  afterwards  was  it  ? 

Jilarkham,  After  he  went  away. 

X.  C.  J.  Who  told  you  so  then  ? 

Markham,  Mr.  Hanson  told  me  so  then ; 
I  would  not  toll  a  lie  for  all  the  world. 

Count,  He  can  tell  also  when  I  went  away 
^^-the  rest  he  nwke  in  Dutch.' 

Interpreter.  He  says  this  man  can  witness, 
that  heasked  his  man  what  inoney  he  had  left, 
and  he  told  him  that  he  had  not  above  10  or 
11/.  so  he  put  his  hand  in  his  bag  and  took  out 
•ome,  and  put  it  into  his  pocket. 

Count.  So  ill  was  I  provided  for  an  escape. 

X.  C  J.  Ask  him  that  question;  do  you 
know  any  thing  of  what  money  he  took  with 
him? 

Markham,  No,  I  saw  him  take  an  handful  of 
silver,  but  what  it  was  I  cannot  tell. 

Mr.  Thynn,  He  had  7  or  8/.  about  him  when 
he  was  taken. 

Interpreter,  He  desires  leave  to  tell  it  to 
the  jury,  (which  he  did.) 

Jt.  C  J,  Now,,  my  lord,  this  will  require 
some  answer  ;  how  came  you  to  tell  those  gen- 
tlemen that  took  you,  that  he  believed  Mr. 
Vratz  and  the  rest  would  have  done  the  duke 
of  Monmouth  no  harm  ?  ^ 

Interpreter,  He  says,  the  people  told,  when 
be  waa  taken,  that  the  di;ike  of  Monmouth  was 
in  the  coach,  and  that  they  did  follow  the 
coach  a  g^'eat  >^'ay,  and  would  not  do  the  ac- 
tion till  the  duke  of  Blonmouth  was  out  of  the 
coach. 

Count,  They  did  tell  me,  the  croud  that 
were  about  me,  that  those  that  were  taken  said 
that  they  would  rot  do  it  till  the  duke  was  out. 
Interpreter,  And  he  says,  that  gave  him 
sufficient  reason  to  say  to  Mr.  Gibbons  that  he 
did  behere  they  had  no  design  upon  his  grace 
the  duke  of  Monmouth. 

X.  C.  J.  He  heard  it  so  commonly,  it  seems. 
Now,  my  lord,  there  is  one  thing  more  that 
you  should  explain  yourself  in,  what  you 
meant  by  this  when  you  said  it  would  be  a 
stain  upon  your  blood,  yet  one  noble  act  in 
war,  or  the  lodging  upon  a  counterscarp, 
would  wash  it  off. 

Interpreter,  He  says,  my  lord,  that  though 
he  knew  himself  not  guilty  of  any  thing,  yet 
his  being  taken  upon  suspicion,  and  clapped  up 
in  prison,  would  be  a  great  disgrace  to  him,  and 
would  be  worse  resented  in  his  o^vn  country 
than  tho  thing  itself  was :  It  being  not  the 


custom  in  his  country  to  take  persons  of 
quality  prisoners  in  that  manner. 

X.  C.  J,  Now,  my  lord,  is  there  any  person 
that  yon  would  have  called  to  ask  anr  ques- 
tions of?  If  you  have,  they  shall  be  called. 

Count,  No,  my  lord  ;  nut  if  you  please  to 
give  meleaTe  to  tell  something- that  may  be  ne- 
cessary.    [Then  he  spake  in  Dutch .  3 

Sir  N,  Johnson,  My  lord,  he  says,  if  yoa 
will  give  him  leave,  though  it  does  not  come 
very  well  ftt>m  himself,  yet  he  desires  to  say 
something  for  his  own  reputation. 

Mr.  Williams,  He  should  be  armed  witfi 
witnesses  to  make  his  defence. 

X.  C.  J.  It  is  fit  for  any  men  that  stand 
heipeto  say  any  thing  that  is  reasonable  for 
themselves.  My  lord,  if  vou  can  speak  any 
thing  that  yOu  apprehend  the  jury  can  under- 
stand, speak  to  them  what  you  please,  so  as 
they  understand  it,  but  do  not  be  t<x>  long.  ~ 

Mr.  Craven,  My  lord,  if  vour  lordship 
please,  he  says  he  would  spoik  it  nrst  in  French, 
and  then  in  German. 

X.  C.  J.  Ay,  hut  then  the  Englishmen  of 
the  jury  will  not  understand  a  wora  of  it ;  he 
had  better  speak  in  English  to  the  jury. 

X.  C.  X  (North.)  Bly  lord,  it  u  an  indif- 
ferent thing,  it  may  be  interpreted,  not  being 
matter  of  net. 

Sir  N.  Johnson,  My  lord,  lie  says  it  is  a 
great  happiness  in  all  nis  trouble,  that  he  was 
in  a  country  where  he  was^  to  appear  before  a 
protestant  iudicature,  himself  hemg  a  a  pro- 
testant,  and  his  forefa^ers  also.  He  says,  that 
his  fore-fathei-s,  under  Gustavus  AJolphus, 
were  soldiers,  and  did  there,  with  their  swords 
in  their  hands,  and  the  loss  of  their  blood,  en- 
deayour  to  settle  the  jprotestant  religion  in 
Germany,  and  protect  it  there  :  He  says,  that 
it  has  been  the  nonour  of  himself  and  his  fa- 
mily, that  they  have  always  been  ready  to  yen- 
ture  their  blood  and  their  lives  for  the  ad- 
vantage of  the  protestant  rdipon,  as  the  ex- 
amples of  his  g^randfather  and  father  do  shew ; 
and  there  was  never  any  thing  done  byhis  &- 
milybut  what  was  done  for  the  honour  of 
his  country,  and  his  religion:  And  he  says, 
that  if  any  of  his  former  actions  can  give  any 
the  least  snopicion  of  his  hemg  guilty  of  this, 
or  any  foul  lact,  he  is  yery  wilhn$[  to  lay  down 
his  lire,  and  very  vrilling  to  have  it  cat  off  im- 
mediately. 

Count,    Immediately. 

Sir  N.  Johnson.  He  says,  that  he  is  yery 
I'^^y*  upon  all  occasions,  to  serve  the  king  of 
England ;  and  that  he  loves  the  English  na- 
tion so  weO,  as  always  to  be  ready  to  do  any 
thing  to  serve  them. 

Count.  Without  any  interest  in  the  world, 
against  the  will  of  all  my  rdations ;  and  I  have 
brought  my  brother  into  England  to  be  brought 
up  into  the  Protestant  rdHgion,  to  shew  mv 
inclinations  to  the  religion,  and  the  English 
nation. 

L,  C,  J,    Haye  vou  done  ? 

Sir  Fr.  Win,  Yes,  my  lord,  we  haye  done 
with  our  eyidenoe,  and  we  ha? e  no  mattsr  of' 


« 

STATE  TRIALS*  34  Charles  II.  l6sz.--aHd  aiheri^for  Murder.        [70 


&et  to  ivpiy  unto ;  batwe  think  it  is  oar  duty, 
oD^cieniig  the  defience  my  ]ord  has  mtfde, 
t^  we  should  take  some  care  to  put  the  king's 
ciidenoe  a  little  togedier,  it  being  a  case  ot^ 
aadi  luiture,  and  so  cruel  and  horrid  a  murder. 
My  Ixfecd,  and  you  Gentlemen  of  the  Jury,  I 
am  of  cofonsel  here  for  the  kine,  and  you  are 
nntlemeD  upon  an  enquiry  to  nnd  out  the  of- 
ndeis  in  a  very  ffreat,  a  baiharous,  and  a  wil- 
fid  mmrder.  And,  my  lord,  in  relation  to  the 
principaJs,  J  need  not  spend  your  lordship's  and 
the  jury's  time  about  them ;  for  all  those  three 
men,  that  ate  indicted  as  principals,  do,  my 
kid,  oonleaB  the  fact,  though  th^  do  it  in  a 
£ferent  nmnner,  and  though  in  form  of  law 
they  hare  pleaded  Not  Guilty ;  yet  when  they 
cane  to  be  asked  the  question,  their  guilt  flies 
b  their  iiioes,  and  they  cannot  deny  it.  So 
dbenibrthofle  three  men  there  is  no  need  to 
spend  time  in  repeating  the  evidence. 

But,  my  lord,  that  seems  to  require  the  con- 
aideratioa  (tf  the  jury  is,  whether  this  wicked 
and  horrid  minder  he  only  circumscribed  in 
the  goilt  of  it  to  those  three  men  that  have 
oonnssed  it,  car  whether  any  rational  man  in 
the  world  wiQ  believe,  upon  the  account  they 
give  tliemselves,  that  they  had  only  a  design, 
a  study,  or  a  deligfat  to  loll  this  innocent  gen- 
tleman. No,  my  lord,  the  thing  must  Tie  a 
fitde  deeper,  and  there  must  be  some  other 
icawn  why  this  barbarous  murder  vras  com- 
mitted, 1  would  crave  your  pardon  for  what  1 
say.  My  hnd,  I  would  not  speak  any  thing 
that  afaomd  mislead  a  jury  in  matters  of  blood, 
and  1  tfaank  it  was  rightly  said  by  your  lord- 
ship, that  when  a  man  is  tried  for  his  life,  we 
ought  all  to  behave  ourselves  seriously,  as  in  a 
matter  <^  weight  and  moment.  And  so  it  is,  I* 
think,  a  Tery  serious  thing,  and  a  matter  of 
eoDcemnient  to  us  all  to  enquire  who  hath  shed 
innocent  blood ;  for  such  was  this  poor  gentle- 
man's blood  that  was  killed,  innocent  blood. 

My  lord,  this  count  is  a  very  unhappy  per- 
son to  have  such  a  relation  as  has  been  proved 
to  be  of  the  principals :  I  will  do  my  lord  no 
wrong  in  the  repetition,  if  I  do,  and  am  mis- 
taken, I  craTC  your  direction,  I  am  sure  you 
wiU  eorrect  me  in  it.  Two  of  the  persons  that 
are  piincipab,  that  was  captain  Vratz  and  the 
Polander,  happened  to  be  persons  relating  to 
my  lord^B  family  as  his  servants.  For  it  is 
agreed  by  the  witnesses  that  were  thai  comet's 
frwnds,  that  they  came  over  into  England  ivith 
the  eoimt,  the  last  time  he  came  over  in  that 
private  manner ;  and  it  is  likewise  proved,  and 
not  denied  by  him,  that  captain  Yratz  was  fre- 
qoenliy  with  him,  not  only  to  the  very  day 
when  this  bloody  fact  was  done,  but  afier  that 
peat  crime  was  committed :  I  say,  my  lord, 
It  is  a  very  mifortunate  thii^  for  this  lord,  that 
th^  men  should  have  so  near  a  relatioa  to 
bim,  who  have  had  their  hands  in  it,  and  can 
pfe  DO  account  why  th^  did  it. 

My  lordy  I  do  know,  (and  your  lordship  has 
yady  directed  ns)  that  no  evidence  from  one 
pisoner,  or  the  confession  of  one  can  charge 
(kothoB  IB  point  of  evidenuDes  but  J  cannot 


but  take  aotioe,  that  captain  Vrats  could  giva 
no  reason  in  the  world  fur  it,  but  as  it  were  for 
some  aifrout  to  the  count  and  himself.  But, 
my  lord,  the  evidence  that  lies  heavy  upon  this 
lord  at  the  bar,  is  made  up  of  these  particulars. 

First,  That  here  is  a  murder  committed  is 
plain,  then  that  this  lord  did  fly,  is  also  plain, 
and  when  he  did  fly,  gentlemen,  he  kept  him- 
self in  di^^ise  before  that  fact  was  committed, 
and  whether  or  no  the  reasons  be  sufficient 
that  he  has  given  to  your  lordship,  and  the 
jury,  must  be  left  to  consideration.  He  says, 
that  he  had  not  his  equipage,  that  he  was  not 
very  well,  and  that  he  could  not  drink  wine : 
those  I  take  to  be  the  reasons  given,  why  my 
lord  Coningsmark  did  conceal  himself,  till  the 
time  after  Uie  fact  was  committed. 

X.  C.  /.  He  was  taking  of  physic,  and  ha 
thought  it  might  be  prejumcial  to  him  to  drink 
wine,,  or  keep  c<mipany. 

8ir  Fr,  Wtnn.  But,  my  lord,  these  kind  of 
shifts,  we  think,  are  not  able  to  balance  the 
evidence ;  for  that  which  is  truly  the  evidence 
is  this,  Mr.  Hanson,  who  is  very  much  con- 
versant in  that;  family,  and  who  did  give  his 
evidence  very  linwiihiijdy ;  yet,  he  dul  really 
confess  that,  which  wDI  go  very  far  in  tliis 
case ;  for  afVer  he  vras  pressed  several  tiroes 
{your  lordship,  and  the  court,  and  the  counsel 
pressed  him)  to  tell  what  was  the  reason  of  that 
discourse  he  had  with  the  Swedish  resident, 
and  he  was  asked,  Had  you  any  command 
from  my  lord  Coningsmark?  He  answered 
no :  but,  says  he,  I  mought  it  would  please 
him,  if  I  could  have  the  opinion  of  the  agent 
or  resident  to  know  what  tlie  laws  of  Enghnd 
were,  if  so  be  he  called  Mr.  Tbynn  to  account, 
and  what  the  consequence  would  be  in  refer- 
ence to  bis  design  upon  my  lady  Ogle,  and 
upon  this  he  does  go,  and  ask  the  question  of 
this  resident. 

.  Now,  What  does  he  mean  by  this  calling  »tQ 
account?  We  must  take  things  according  to 
the  reason  of  them.  Certaimy  it  was  soma 
oflence  that  he  had  taken  to  Mr.  'i'hyno,  and 
that  is  ijlain  in  regard  when  he  was  asked  what 
the  prejudice  did  refer  to,  Mr.  Hanson  was 
pleased  to  name  that  great  lady,  my  lady  Ogle,^ 
and  said  she  was  mentioned,  and  he  did  desire^ 
to  know  what  the  influence  of  the  laws  of  Eng- 
land would  be  in  that  matter,  if  be  should  call 
him  to  account. 

My  lord,  I  think,  with  submission,  it  carries 
this  m  it,  as  if  he  had  a  purpose  in  his  mind  to 
caU  Mr.  Thynn  to  account  by  quarrelling  with 
him  and  hazarding  him  in  nis  life ;  I  do  not 
undertake,  nor  would  not,  of  myself,  to  ex- 
pound it,  but  this  I  will  say,  it  must  signify 
something,  and  nuist  have  some  consideration ; 
and  without  all  doubt,  a  person  of  this  lord's 
quality  would  liot  let  ftdisuch  an  expression^ 
but  for  some  end  and  purpose. 

My  lord,  after  Mr.  Hanson  bad  given  his 
long  evidence,  which  came  so  difficultly  from 
him,  we  traced  it  down  by  several  witnesses, 
Wright,  Harder,  and  others;  that  this  Po*- 
landtr  canK  OYer,  a»  it  happened,  on  the  Fri- 


71]      STATETRIALS,  54Chablk8  II.  l662.r*7Ka/ 1^  CbMl  Cfinkigmm-k      [ff 

4ay,  (which  »  a  thing  comes  mighty  dose) 
npoa  the  Siitarday  he  is  proviiled  \nm  a  coat 
and  a  .sword ;  oa  the  Sunday  he  committed 
this  inhaman  bloody  fact.  Now,  it  is  a  mighty 
unfortunate  circumstauce  upon  this  lord,  that 
this  should  be  a  man  whom  my  loi-d  Coniugs- 
mark  should  be  so  Tery  much  concerned  ibr, 
that  because  he  was  not  come,  he  should  be 
afraid  he  had  miscarried  in  the  weather;  to 
ihat  his  answer  was  this,  that  he  was  sent  for 
cnrer  by  liim  to  look  after  his  horses,  and  he 
liad  c(imc  a  great  deal  sooner,  if  it  had  not 
beett  ibr  the  storsny  weather.  But,  yoar  lord- 
ship observes,  that  it  was  not  above  three  or 
four  months  before,  and  then  by  -his  own  shew- 
ing tlie  biuiiness  of  Mr.  Tfaynn,  and  his  mar- 
riage with  my  lady  Ogie  was  talked  of  far  and 
near ;  and  so,  my  ioriC  it  makes  tlie  sui^Mcion 
of  the  malice  the  greater,  that  he  who  has 
done  this  bloody  murder,  and  has  been  so  much 
under  the  command  of  (bis  lord's  family,  that 
he  should  come  but  two  days  before,  aitd  tite 
count  provide  him  with  a  wword  that  very  day, 
and  then  tiiat  letter  from  captain  Vratz  to  Dr 
Harder,  which  he  carried  to  dhe  count,  and  the 
count  ituifl,  but  of  which  he  can  tell  you  none 
of  the  contents;  that  speaks  something  in  re- 
gard when  the  doctor  went  away,  this  iV>lander 
was  sent  to  the  captain  by  the  doctor ;  bat 
this  is  certain,  however,,  tnere  was  a  sword 
that  was  brought  by  the  cutter,  that  sword  was 
oairied  up  to  the  count's  chamber,  that  sword 
was  deliyeied  afterwards  to  the  Polauder ;  for 
he  had  it  on  the  Hunday  morning  when  he 
went  away  with  the  boots  under  his  arm,  and 
the  campaisp)  coat  upon  his  back,  with  a  buff- 
coat  under  it ;  and  he  went  out,  aitd  never  re- 
turned till  the  iiftct  %va8  committed. 

I  say,  ray  lord,  it  canies  a  vehement  suspi- 
cion, that  he  was  privy  to  this  murder,  because 
this  was  a  servant  at  his  devotion,  and  your 
lonlship  and  the  jury  see  what  kind  of  a  crea- 
ture he  is,  likely  to  io  any  thing,  being  at  the 
command  of  so  great  a  person. 

•But  then,  my  lord,  to  come  closer  to  the 
Cftitter,  (for  I  will  only  repeat  that  which  is 
most  material)  tliere  is  the  evidence  of  the 
boy,  who  I  must  say,  tells  you  a  very  sensible 
story;  he  tells  you  upon  what  account  he 
came  to  him,  that  he  was  there  ten  days  before 
the  murder  was  committed;  he  swears  ex- 
nressly,  that  the  Polander  lay  there  the  night 
before,  was  there  that  morning,  went  away 
with  the  sword,  and  Dr.  Haider  with  him ; 
that  this  murder  was  committed  about  eight 
O'elock  at  night,  that  captain  Vratz  came 
buKtlinjj  into  the  cotmt's  lodgingn,  where  he 
lay  concealed,  and  the  boy,  by  airreement,  fee- 
ing to  »;'o  home  every  night,  staid  tUl  half  an 
hour  past  nine,  and  leil  the  captain  there  at 
that  tmie,  and  the  captain  had  been  there  m 
the  morning. 

My  lord,  surely  it  is  a  strange  thing,  and 
much  to  be  wondered  at,  that  the  captain,  who 
had  tlie  manajfement  of  this  murder,  had  no 
wbei^e  to  go  ibr  a  refuge,  but  to  his  patron 
my  lor*  ConiBgmnvk»  re^mg  hot  witli  Mr. 


Tbytm's  Mood,  when  ilie  blow  Was  giveo^ 
within  an  hour  after  the  murder  ^mmitted, 
(for  so  the  boy  swears  emrcssly,  ibr  the  ■blow 
was  given  at  eight  o'clock)  stni  alterwardafae 
went  to  the  doctor's  to  bed,  abfiot  ten  o'ckick 
at  nigiit,  as  the  doctor  hath  confessed ;  1  take 
that  for  a  mighty  evidence.  And  then^  mkf 
lord,  upon  the  Monday  morning,  when  the 
boy  comes  in,  the  count  asks  faim.  What  wae 
the  matter  with  tlie  bustle  in  the  street  the  last 
night  ?  Will  any  man  in  England  believe,  but 
that  he  had  had  earUer  uewy  of  it?  And  §uf 
what  reason  should  he  ask  the  question,  if  Mr« 
Hanson  speaks  true,  who  brought  the  news  in 
from  Whttebali  ? 

But  tiie  great  question  that  we  nwnder  should 
be  asked  the  boy,  is  what  Mr.  Thynn  was  P 
Which  certainly  was  a  very  odd  expression,  if 
we  consider  what  Mr.  Hanson  says.  That  the 
count  had  mentioned  him  in  his  discourse,  sod 
my  lady  Ogie  too.  One  of  the  count's  answers 
was,  It  could  not  be  imagined  that  he  could 
speak  io  a  scullion-boy  ;  but  you  see  the  boy 
swears  it,  and  tells  it  so,  as  that  it  is  rery 
probable. 

We  now  come,  my  lord,  to  give  an  aeosuot  of 
hb  flight 

The  fother  of  the  boy  comes  in  the  nmminr  i 
and  I  would  observe,  though  be  pretended  bis 
business  and  bis  distemper  brought  bim  over, 
and  that  be  was  ill  and  under  cure ;  yet  tbts 
matter  made  the  place  too  hot  to  hold  bim  ;  sUi^ 
here  he  durst  not ;  immediately  be  forgot  bis 
physician's  prescriptions,  and  gave  order  to  bis 
man  to  send  awa)r  nis  things.  Then  the  boy's 
fotlier  was  sent  for,  and  me  portraantles  are  . 
siven  him,  and  he  is  told  my  Imd  was  going  ti^ 
Windsor ;  but  when  he  came  to  Cbaring«Cross 
the  things  are  put  into  a  coach  in  the  Strand, 
and  from  thencs  they  went  for  Rotberhitfa. 

Then  came  the  man  at  whose  house  he  lay» 
and  he  was  a  Swede,  and  by  the  way  I  "would 
observe,  the  wlmesses  are  most  of  them  my 
lord's  own  friends,  unwilling  to  tell  the  truth 
until  we  get  it  (and  that  very  nardly )  from  them. 
This  man  was  very  unwilling  to  tell  bis  know* 
ledge,  but  begot  him  the  clothes,  which  dothes, 
by  the  bulk  ot  the  man,  one  wouUl  think  would 
hardly  fit  the  count .:  but  the  more  he  was  dis* 
guised,  the  more  was*  his  security  ;  and  wheu 
he  was  asked  this  question,  why  ne  desired  to 
have  these  clothes  to  secure  him  ?  He  said  at 
last.  It  was  to  prevent  trouble.        ' 

Now  let  us  consider,  my  lord,  whether  tbd 
count  has  given  any  answer  lb  that.  Mylord| 
there  is  nothing  in  what  he  said,  under  pardon. 
He  says,  he  went  away,  because  he  was  afraid 
the  people  would  tear  him  in  pieces,  before  he 
could  justify  himself.  If  be  were  innocent,  hs 
knew  where  to  go  to  be  secure  irAm  any  hurt 
iVom  the  people ;  he  might  have  applied  bim« 
self  to  your  lordship,  or  to  any  other  magis* 
trate.  He  is  so  ingenious  he  could  not  but 
know  he  might  have  protected  himself  undef 
the  government,  which  protects  and  secures 
say  man  whatsoever  if  he  be  innoemt. 

I  bavs  these  two  tbiogv  neoe  to  mcntiaB^ 


fi]         STATiE  T&IALi,  34  CJKA&LES  IL  iCBe^P-^Mdr  Marfjwr  Bturdtr.         {JA 


«dllM«itkrilfeNnieilto  your  tocUiip,  «bi* 
thejiuj  ;  anrf  oba  w  liie  eridpMf  of  Mr.  Gib" 
kMis,aiidJllr.  Sid. 

Mr.  Kid  girc^  tkA  vtoh  to  ase  k  a  reiy 
Material  efidence  at*  wiiat  |ttawl  ^en  they 
idzeii  him :  as  they  weraooming  up  the  river, 
the  coant  airiai  him,  whelher  ttaw  were. any 
gaod  Mgin^  in  l^ewgale  ?  and  pai$ieidaiiy 
opraasad  Ihs  cave  af  tlw  ca^itaiD,  to  ask  wbe- 
Iharhe  were  wcU  lodged.  Aadwheahewae 
Irid  tfiat  Ibe  Palander  had«OB&Ked,  he  nys  he 
wenwd  od  the  sudden  4o  be  vary  MMch  een- 
CRved,  bit  his  <doAeS|  and  threw  hi^tisflf  along 
witfi  aoioe  agony.  My  ierd,  «d  iauocent  man 
seeded  not  to  use  any  such  actions. 

Then  onics  Mr.  Gibbons,  n^o  was  mry  in- 
itnunental  in  tiie  puisuiag  of'  him,  and  is  known 
to  be  an  banest  man,  he  gi^os  lAiis  avidenoe, 
tbit  when  diere  was  a  osoourse  about  Mr. 
lliynn,  an4  his  old  master  die  duke  of  Mon- 
mouth, the  ooont,  presently  replied,  they  meant 
to  bare  done  die  dake  of  Monmou^  no  harm  ; 
and  waHring  about  the  room  on  a  sudden,  burst 
oat  into  this  expression,  This  is  a  stain  upon 
my  blood,  but  one  good  action  in  the  wars,  or 
Issging  npoa  a  counterscarp  will  wash  it  all 
away. 

^ow,  ny  lord,  as  to  what  he  answers  to  this, 
I  lay  any  bmb  may  make  that  evasion  which 
b»Wb«ddekcuseit  by,  to  say  that  the  accusa- 
tion ii  a  scandal  or  a  slain,  may  be  worse  than 
the  guilt  of  the  action ;  buUyour  lordship  and 
Aejary  see  iMainlv,  if  so  be  the  thoughts  of  a 
nan's  own  ieartlte  that  he  is  Guilty,  it  will 
break  oat  some  way  or  oUier.  These  things 
1  only  repeat,  I  leave  thcMi  to  the  consideration 
sf  the  jury. 

But  when  I  have  said  ^is,  there  is  ene  thing 
■lore,  and  timt  is,  above  aU,  relating  to  the 
captain  :  says  Mr.  Gibbons,  I  did  not  know 
tbat  the  oafjtsin  had  con^sed,  but  1  did  ven- 
ture to  say  he  had  ;  but  the  count  replied  he 
M  not  l>elieve  the   captain  had  confessed. 
My  tard,  yon  see  how  the  captain  appears 
bme  you,  and  if  the  count  wiH  take  upon  bim 
tossy,  he  does  not  believe  the  captain  would  coo  • 
^ ;  it  dotb  strongly  argue  he  knew  as  much  of 
Ibeeaplaifi'a  mind  as  he  himself.  Then  look  upon 
tbe  resolute  behaviour  of  the  captain,  the  fa- 
■uiiarity  he  Kved  in  with  the  count,  that  he  had 
ibvaysbeena  dep^damt  upon  his  family,  it 
•bewi  some  reason  for  bis  assurance  of  secrecy 
ftom  the  captain,  l^iathe  would  not  confess  the 
SBtbor  of  this  most  notorious  murder,  and  it 
hea  heavy  upon  him.     My  lord,  I  look  upon 
IbediflCGvery  of  fiiis  as  a  very  miraculous  thing ; 
sad  pray  consider,  gentlemen,  where  shall  a 
nongo  to  settle  his  thoughts  i»r  the  original 
besueas  ?  I>o  you  (or  can  you)  think  it  was 
ke^oD,  invented  and  contrived  by  yonder  three 
BMn  ^  To  what  end  or  purpose,  or  for  what  ad- 
vaatitfeto  them  ?  you  nave  heard  the  evidence 
••£  ihave  repeated  to  you  ;  you  hfiv^  heard 
^^tbis  lord  has  said  for  himself ;  how  Ik  has 
M,  and  what  has  been  done.    My  lord,  I 
^Bot  use  any  thing  of  argnment  to  persnade 
"^J^ ;  bHtleamiotdKiie  but  say,  we  kaoir 


no  w&aictD  fo4br  4^  asdhor  of  dhts  vittulMNih 
f^uot,  usr  wbsm  to  aBouse  as  4he  mme  -oan*^ 
trivar,  hut  ibis  ooont  befoM  yau.  I  pray  4ie 
God  of  Heaven  to  direot  yon  in  your  en-'. 
qairy ;  and  if  I  have  said  any  thing  aDnas, 
I  hi^  yoar  pardon  for  it. 

[Then  a  great  ahou)  was  made»  which  the 
court  rebuked  tbepeople  for.] 

Mr.  Wmi«mi$,  My  kMrd,  I  did  not  thiidc  to 
have  aaid  ai^  thing  more  in  this  case  ;  but  I 
mnsterave  yo«r  lorasbip's  and  the  jury's  pali- 
enoa  for  a  few  words.  As  for  jhe  three  persons 
at  the  bar  (the  Pole,  the  Captain,  and  the 
Lieatenant)  it  is,  gentlemen,  very  notorious 
they  aie  g^nltjr  m  this  most  hellish  mur- 
der. But  all  the  labour  and  difficulty  of  thia 
matter  is,  haw  iar  tiiis  ooont  is  Guilty  or  Not 
Guilty. 

Ptb^,  gantkmen,  do  hut  afiserve  tiie  nateie 
of  this  crime,  and  the  manner  of  our  evidence 
that  has  been  g[iven  you.  The  crime  he  is  ac- 
ouaed  of|  is,  ibrbemg  acceaaary  to  a  witfhl 
murder:  accessary  tefore  the  fact;  contri- 
ving of  it,  and  laymg  the  train,  whidi  these 
nereons  wai«  made  use  of  to  fire.  This 
being  so,  it  is  almost  impossible  to  give  you 
that  dear  ttgbt  and  pregnant  proof  against  an 
accessary,  as  against  the  principals.  The 
principal  is  he  that  doth  the  fact;  that  is 
notorious  and  open.  Ilie  accessary  is  the  per* 
son  that  prepares  the  scheme,  contrives  the 
management,  first  setsthe  wheel  on  wciric,  gives 
the  necessary  instructions,  who  lies  behind  the 
I  curtain.  Now,  considering  that,  and  the  nature 
'  of  the  thing,  it  is  impossibly  to  nve  a  dearer 
evidence  than  what  you  hat«  had. 

Pray,  gentlemen,  do  but  first  consider  who 
hath  been  the  privadees  and  the  intimates  itf* 
tllis  count,  with  whom  he  has  had  conference 
since  he  came  into  England,  Hanson  and  Dr, 
Frederidc,  who  are  brought  as  witnessea 
(though  unwilling  ones)  against  him :  the  boy 
that  was  employ^  by  him ;  he  is  in  no  other 
hands ;  I  cannot  bear  he  was  amon^  any  other 
persons  but  these,  and  captain  Vratz,  and  the 
Polander.  These  are  his  company,  and  those 
alone  with  whom  he  had  conversation.  Now, 
gentlemen,  that  we  should  be  abl^  to  produce 
Siese  very  men  (that  were  his  only  companions} 
i^inst  him  as  witeesses,  is  a  mighty  things 
considering  the  privacy  he  lay  in. 

As  for  Vrats,  his  most  intimate  privado,  he 
easneover  with  him  into  England,  liw'd  arith 
him  in  his  first  lodging,  and  was  ooutinuallj^ 
with  him  dnring  his  utay.  8o  then,  W  hat  can 
we  oqiect  about  this  man,  gentlemen,  when  he 
had  laid  his  design  with  all  the  privacy  he 
could,  would  have  as  little  conversation  with 
Englishmen  as  he  joould.  It  was  very  craftily 
laid,  that  h?  would  converae  with  none  but  those 
that  were  privy  to  his  design ,  or  had  an  'han<t 
in  it  in  a  ^eat  measure.  'Then  pray  considet 
how  it  was  carried  oo,  gentlemen;  Vrata^ 
who  was  the  great  commander,  and  the  Po- 
lande)r,  who  was  the  immediate  actor  In  it,  bad 
been  his  oimsefTanls.    TratSi  Isay^hehadft 


7i]     STATE  TRIALS,  34  Cbahles  II.  i6Sfi.'^T)rial  of  Count  Comngsmurk      [76 


great  confideaoe  in ;  he  came  orer  vrbik  him ; 
and  will  not  ta^  man  believe,  tlutt  this  man» 
who  eat  of  his  mread,  who  lay  in  his  family, 
was  a  likely  man  to  do  this  for  his  sake,  that 
thus  cherished  him  ?  For  whose  sake,  pray, 
can  it  be  thought  to  be?  Not  for  his  own 
sake ;  for  the  captain  tells  yon  he  never  had 
any  communication  or  conversation  with  this 
nnhappy  gentleman,  Mr.  Thynn.  So  tiiat  if  it 
w^  as  they  Would  have  it,  that  they  did  it  out 
of  respect  to  this  count,  who  was  thecaptain^s 
friend,  it  will  turn  upon  the  same  point,  and 
confirm  the  suspicion.  Why  should  tibe  Po- 
lander  do  it,  if  he  had  no  reason  to  do  it  upon 
his  bwn  account  ?  For  he  never  saw  the  face 
of  Mr.  Thynn,  but  was  brought  hood-winked, 
in  a  manner,  to  the  fact 

Therefore  whether  it  were  not  done  for  his 
sake,  is  that  which  you  are  to  consider ;  and  as 
a  proof  that  for  the  count  it  was  done.  I  shall 
nitch  upon  one  circumstance  that  will  bring  it 
,  nome  to  his  door,  and  that  is,  the  evidence  of 
llanson,  his  brother's  tutor :  And,  by  the  way, 
I  cannot  but  repeat  it,  that  this  thread  goes 
through  all  the  cloth,  we  have  no  witnesses -but 
those  of  his  own  faniiliar  acquaintance  and  de- 
pendance.  Now  Hanson  has  (though  very 
shufflingly)  told  you,  the  count  and  he  iiad 
some  discourse  about  my  lady  Ogle;  and 
though  we  cannot  come  to  know  all  the  drcum- 
stances,  yet  he  does  acknowledge  so  much,  as 
that  there  was  mention  made  of  requiring  satis- 
fiiction  of  Mr.  Thynn,  or  some  account  of  him, 
and  what  might  be  the  consequences  of  the 
laws  of  Engluid,  in  reference  to  my  lady  Ogle, 
in  case  he  should  call  him  to  account.  So  far 
be  is  plam,  though  he  will  not  tell  what  the 
discourse  was  ;  that  there  was  a  discourse  of 
my  lady  O^le,  of  Mr.  Thynn,  of  askbg  satis- 
&ction  of  Mr.  Thynn,  or  calling  him  to  ac- 
count, and  what  the  consequences  m  law  might 
be.  And  pray,  gentlemen,  observe,  being  to 
take  advice  about  this  matter,  they  would  not 
consult  an  English  lawyer,  though  I  see  one 
behind  him  now,  but  a  foreigner,  the  Swedi^ 
a^nt ;  not  ask  the  opinion^  one  man  of  this 
kmgdom.  And  then  he  gives  you  a  mighty 
reason  for  it,  That  the  Swedish  rendentknew 
reiy  well  how  to  advise  him  in'this  affair,  l>e- 
cause  he  had  lived  in  England  about  19  years: 
80  that  aU  his  acquaintance  and  friends,  the 
managers  of  the  business,  and  those  consulted 
with  about  it,  all  outlandishmen;  I  cannot  say 
they  are  all  guilty,  but  I  will  say  this  makes 
our  proof  more  difficult. 

Gentlemen,  This  being  taken  notice  of  as  a 
DUghW  circumstance,  I  woukl  bring  it  a  little 
mort  home  to  this  gentleman,  whom  we  accuse 
as  accessary  belhre  the  ftMt.  Pray  consider  how 
all  along  he  ky  skulking,  and  hiding  himself  in 
disguise,  and  shifting  his  lodging  from  place  to 
place.  I  need  not  repeat  it,  nut  I  would  desire 
you  to  think  of  what  was  concurrent  with  that 
▼ery  day,  and,  as  it  were,  concomitant  with 
the  very  murder,  and  that  will  appear  to  be 
sufficient  to  satisfy  any  rational  man.  We 
u%  Bot  pickii^  up  an  evidence  upon  flying 


vol 
his 

nai 


woads,  or  nnconclndingf  circomstances,  but  we 
offer  fads  to  you,  the  facts  ai-e  to  guide  yeu, 

ou  being  to  compare  facts  with  facts.    As  to 

lurking  and  hiding,  this  gentleman  gives 

u  no  manner  of  rational  account,  that  he 

ad  any  business  with  any  man  in  England 
that  should  occasion  his  lying*  private ;  but  only 
he  tells  you,  he  laboured  under  a  distemper 
that  he  would  not  have  discovered ;  and  yet 
take  him  in  that  very  distemper,  and  in  tha 
process  of  his  cure,  as  soon  as  this  fact  is  over, 
the  next  morning  he  values  neither  his  disease 
nor  his  physic,  hut  goes  bv  water,  and  made  an 
attempt  to  fly  abroad,  nill  any  understand- 
ing man  believe  that  he  came  privately  into 
England,  that  he  lay  skulkin^^  here,  that  he 
made  use  of  another  name,  and  other  clothes, 
that  he  should  do  all  these  thinga,  and  rnn 
away  so  immediately  after  the  fact  was  done, 
and  all  only  because  of  a  little  distemper  of 
spots  on  his  breast  ? 

But  then»  says  he,  it  was  reported  in  the 
world,  and  told  him  the  next  morning,  that  the 

Sople,  the  rabble,  would  tear  him  in  pieces. 
e  was  asked  where  he  had  this  report,  and  he 
brought  up  a  taylor,  and  depended  mightily 
upon  it,  but  the  taylor  denied  it ;  and,  gentle- 
men, he  that  &ils  in  one  thing  he  says,  is  not 
to  be  credited  in  another  without  g^ood  proof, 
lie  fs&ys,  that  he  said  no  such  thing,  so  that, 
eentlemen,  this  fictitious  aigument  of  his  fear 
Sills  to  the  ground. 

Then  ol»erve  what  fiiDows  upon  this  vil- 
lainous fiict ;  he  flies  away  privateiv,  he  goes  to 
a  Swedish  house  at  Rotnerhith,  from  thence 
by  a  Swede  he  must  be  put  into  a  sculler,  and 
that  sculler  must  be  towing  of  him.  for  several 
days  together,  till  he  come  to  Graveeend,  from 
whence  he  was  to  have  gone  over  sea.  Pray 
lay  all  this  together,  and  weigh  it  well,  and  see 
if  you  can  imacine  any  other  reason  for  it  ally 
than  what  we  tOled^. 

I  would  observe  it  to  you,  Gentlemen,  and 
pray  think  of  it,  what  the  count  has  said  to 
you  in  his  own  defence  in  so  many  languages, 
without  proof,  must  pass  for  nothing.  The 
court  has  had  a  great  deal  of  patience  to  bear 
him,  and  shewn  him  a  great  deal  of  fiivour  in 
permitting  it ;  but  without  proof,  I  say,  it  all 
passeth  for  nothing.  And  wnat  proof  he  hath 
made  of  it,  I  must  submit  to  you  ;  for  I  will 
not  spend  your  time  in  running  into  particu- 
lars :  And  where  be  has  proved  any  thing, 
pray  compare  facts  with  fiicts,  especially  that 
concerning  the  captain  Vratz,  which  is  not,  in 
my  opinion,  to  be  answered;  that  be  lived 
with  nim,  that  be  should  be  with  him  on  the 
Sunday  miming,  that  in  the  evening  he  should 
come  thither  a^n  after  the  fact  done«  that  be 
should  be  left  m  his  chamber,  and  continue  in 
the  house  so  long.  Will  any  one  believe,  that 
when  Vratz  eame  over  with  the  count  from 
abroad,  ktdged  widi  him  here,  viras  every  day 
with  hihi  in  ^miliar  conversation,  should  come 
that  morning  before,  and  in  the  evening  im<) 
mediately  aner,  and  stay  with  him  so  long, 
and  yet  ma  oount  be  innooeDt  ?  N»y»  will  ail 


uiy  man  rttber  absolutely  conclude  him  an  ac- 
teesaryiQ  themuxder? 

Th^  gentlemeti,  take  into  consideratioD  his 
ffighl,  and  endeaToms  to  escape  out  of  the 
hands  of  justice  ;  if  there  were  no  more,  that 
is  a  great  ev^idence  of  his  guilt,  hot  you  have 
much  more,  and  as  strong  as  you  can  desire  or 
expect.  He  says  he  was  afraid  of  the  people ; 
al^ !  he  needed  not  to  fear  that,  he  finds  a 
Tery  f»xr  and  generoos  treatment  here;  he 
knew  the  temper  of  our  English  nation  well 
CDoagfa,  to  know  they  do  not  presently  fly  in 
BMo's  faces  ;  and  he  could  not  but  know,  he 
m^lit,  without  danger,  resign  himself  up  to 
Ike  law  if  he  were  innocent. 

Gentlemen,  we  have  given  you  a  fair  and 
MlerideDoe;  we  have  offered  you  sufficient 
proof  in  iiiet,  and  have  offered  no  shams  to 
yon  ;  and  I  do  not  doubt  but  you  will  do  right 
to  the  honour  of  England,  and  the  justice  of 
the  natimi,  which  are  deeply  concerned  in  this 


U J        STATE  TRULS,  34  CttABtBS  II.  1  (J8t.— jwrf  othenjcr  Murder.        [7$ 

with  a  murderooti  mtent,  and  a  murder  followed. 
And  I  must  declare  this  for  law  to  you,  that 
this  is  murder  in  them  all,  if  you  believe  them- 
selves ;  so  that  I  think  there  is  little,  very  littio 
for  you  to  consider  conceroiuff  these  three 
men,  but  according  to  what  they  have  acknow- 
ledjfed  of  themselyes  both  before  the  council^ 
and  here  likewise  in  your  own  presence,  thej 
seem  all  to  be  guilty  of  this  murder. 

The  more  doubtful  question  is  concerning' 
count  Coningsmark,  that  stands  here  befbra 
you,  for  he  was  not  at  the  murder,  nor  is  h% 
charged  as  principal ;  and  the  question  will  ba 
as  to  him,  Whether  he  commanded,  or  gave 
any  authorityor  directed  to  have  this  murder 
committed  ?  That  is  the  thing  that  is  now 
charged  upon  him,  and  without  that,  he  cannot 
be  accessory  in  tins  case. 

Now,  gentlemen,  you  must  connder  as  to  % 
that,  several  things  are  certain  and  positive  ; 
That  this  Pobmder  was  once  his  servant ;  that 
he  was  brought  over  from  beyond  sea  by  his 
order;  That  he  was  given  by  him  to  captain 
Vratz  ;  That  Vratz  was  his  gi-eat  acquaintance^ 
and  lay  in  his  lodgii^  some  time,  though  not 
at  this  very  time.  These  things  are  plain  : 
Now  what  answer  is  given  to  thu  ?  You  hear 
he  says,  the  Polander  was  taken  for  him,  and 
hired  as  a  servant  beyond  seas,  knowing  that 
he  had  skill  in  horses  ;  and  the  count  having 
remitted  money  to  buy  horses,  he  was  willing 
to  have  him  manage  the  horses,  and  to  bava 
his  judgment  in  them,  and  sent  for  hhn  threa 
months  before  for  that  purpose,  and  that  ka 
came  for  that  purpose  ;  bat  knowing  that  the 
occasion  for  which  he  was  to  buyhishorsea 
was  past  over,  there  being  like  to  be  no  war, 
and  therefore  there  would  be  occasion  for 
horees,  he  was  willing  to  part  with  the  Po- 
lander, as  he  says,  is  usual  for  persons  of  qua- 
hty  in  his  countiy  to  do  upon  such  occasions,  to 

five  their  servants  to  one  another ;  and  8a» 
avioj^  cloathed  him  fint,  he  gave  him  to 
captoin  Vratz :  And  yon  hear  how  mvt€k  aC 
this  is  made  good  by  witnesses,  and  how  far 
this  IS  satis&ctory  to  you  as  an  eicine  and 
reason  for  this,  I  leave  to  you. 

There  is  mdte  too  that  is  very  plain :  H  m 
apparent  that  the  count  bid  him  come  to  bia 
lodging  afW  this  murder  was  committed. 
According  to  the  calculation  of  the  time,  it 
must  he  after  the  murder,  for  that  was  about 
eight  o'clock,  and  he  was  there  about  nine. 
You  hear  what  answer  the  count  gives  to  that ; 
that  he  came  as  formerly  he  had  done,  ha 
knowing  nothmg  of  this,  nor  of  Mr.  Thynn'a 
murder,  and  that  he  did  not  sp^  to  him  con- 
cerning it. 

The  next  thmg,  gentlemen,  is,  it  is  plain 
the  count  did  lie  private  when  he  came  to 

Sngland ;  uid  he  tells  you  (he  brings  tfaa 
octor  to  witness  it)  his  occasion  of  priyacy 
was,  because  he  had  a  sickness,  which  he  waa 
loth  should  be  known,  having  been  foi:merlj 
in  splendor  in  Ep^land  ;  but  now  without  has 
eqmpage,  he  would  not  publidy  appear ;  and 
he  was  afiraid*  |f  he  appeared  in  oompanyi  ha 


^Then  there  was  a  great  noise  made.] 

X.  C  J.  Look  you,  gentlemen,  the  counsel 
Ibr  the  king*  have  been  very  large  in  the  re- 
peating of  the  evidence,  therefore  you  must 
not  ezp|ect  from  me,  that  I  should  go  over  it 
again  in  the  same  method  that  uiey  have 
done.  I  will  duect  you  a  tittle  as  to  some 
points  in  law,  as  to  this  case :  Here  is,  as  they 
tefi  you  truly,  a  murder  as  horrid  and  barba- 
reus  as  peradventure  can  be  committed  upon 
any  solyect.  It  is  a  murder  of  a  very  bad  na- 
ture, so  that  the  rejieating  of  it  is  enough  to 
make  all  men  abhor  it ;  it  needs  no  ajsfgprava- 
tioD,  it  la  in  its  own  nature  so  veiy  barbarous  ; 
and  those  {gentlemen  that  had  a  hand  in  it, 
must  certaroly  needs  be  ashamed,  and  look 
apon  themselves  as  not  fit  to  be  accounted  men, 
whoever  they  be.  that  had  any  hand  in  it,  so 
barbarous  and  inhuman,  and  base  in  its  own  na- 
tore,  and  so  unwoithy  of  a  man. 

I  must  tdl  you,  gentlemen,  when  one  man 
shoots  another,  and  two  are  with  him,  tiiough 
they  do  nothing  bat  come  on  purpose  to  coun- 
tenance that  evil  fact,  that  is  murder  in  them 
all ;  aU  that  were  present  are  guilty  whenever 
•ocb  an  act  is  done :  And  three  or  four  coma 
together,  and  one  does  the  fact,  and  the  others 
stand  by  to  countenance  it,  whether  they  be 
there  to  bring  the  party  off,  or  to  animate  him, 
and  put  faim  into  a  condition  that  he  may  mur- 
der and  kin,  it  is  murder  in  all,  and  they  are  all 
asegnally  euilty  as  he  Uiat'  shot,  or  actually 
jsrethe  bfow. 

Now  as  to  these  three  persons  here,  the  Po- 
hader  that  shot,  Vratz  who  was  with  him  and 
stopped  the  coach,  and  Stem  that  was  by  with 
wm,  they  do  all  acknowledge  themselves  to 
be  thane  at  thb  n^urder ;  theleast  they  say  for 
themsdves,  is,  that  they  came  to  countenance  a 
lichting-  with  Mr.  Thynn,  that  is  the  least  any 
of  diem  say;  for  captain  Vratz  makes  tibis  his 
«K08e,  that  he  intended  to  kill  him  (as  he  calls 
^  fiurH-,  andthe  others  were  to  stand  by  to  let 
kflimHatheh«8tof  it;  so.  that  they  aU  came 


79] 


"f  RIALS,  54  CHAttLfis  n.  iCSZ.'^IVial  0/  C&funt  CatUngstiUtrk     [80 


should  be  intioied  to  drink  high,  and  that  would 
veterd  his  cnre.  And  the  Doctor  tells  you,  he 
i^as  ander  his  hands  for  core  of  his  disease, 
'ivhich  WB»  somespots  upon  his  body. 

Itis^aintoo  ttiat  count  Coningsmark  did 
gO'  away  the  nett  mornings  after  he  had  heard 
«fthe  murder,  he  acknowledjfeth  it  himself ; 
toi*  that  he  did  conceal  himsdf  upon  the  water, 
and  was  taken  in  such  a  manner  as  the  wit> 
tIMnes  speak.  But  withal,  he  tells  you  the 
^ecasion  of  this  was,  a  stranger  here,  captain 
Vrttattm  he  beard,  was  accus^  for  the  murder, 
widsozed,  and  he  did  not  know  what  this  migfht 
•ceasion  to  him ;  how  the  common  peonle 
taig^  Ml  upon  a  stranger  that  was  of  that 
man's  acqaaintance ;  and  it  was  through  his 
Hear  of  the  people  Hest  they  should  Ml  upon 
him  before  heooulo  vindicate  himself)  that  he 
*  Withdrew  himself,  and  concealed  himself  in 
this  manDer.  As  it  was  told  you  fo^  the  counsel 
H;  was  an  unreasonable  fear  in  him,  for  there 
ii  no  such  disorderly  proceeding  (we  thank 
Sod)  in^Bngland ;  but  he  tells  you  he  was 
alhud  of  it ;'  and  if  he  were,  being  a  stranger, 
lie  might  not  know  our  constitution  so  well. 

But  f  most  tell  ymi  another  thing  for  law, 
ffentlemen,  which  was  urged  by  the  counsel 
mt  the  Idng.  Captain  Vratz  doth  say,  that  he, 
knowing  of  an  aflront  that  had  been  given  to 
the  count,  and  having  received  an  affront  him- 
telf,  he  did,  without  the  count's  knowledge, 
4o  this  murder,  for  revenge,  upon  Mr.  Thy  nn. 
It  has  been  said  by  the  counsel,  it  will  be  alt 
^ne  whetiier  it  were  with  the  knowledge  of 
•aunt  C^oningsmark,  or  not.  Now,  I  mu«3t 
tall  yon,  gentlemen,  the  law  is  not  so :  for  if 
4  gentleman  has  an  atfront  given  him  which  he 
4tes  aeem  to  resent,  if  any  of  his  servants  ofH- 
cioasly,  without  acquainting  him  with  it,  out 
ef  ttM-muoh  zeal,  and  too  forward  a  respect  to 
Aeir  master's  honour,  will  go  and  pistol  and 
kHI  kiffl  ttiatthey  ap|>rehend  has  affronted  their 
Mailer,  he  notlaiowing  of  it,  it  will  not  charge 
Aeiv  master  with  any  guik  at  all.  The  law, 
fMitlemeii,  is  noTso  aswusumd ;  for  ifit  were 
1lMio«C  ther  eount's  know)e<%e  and  direction, 
if  a  zealous  captain  has  gone  and  over-shot 
kidH#tt^  out  of  respect  to  fats  master's  honour, 
fpHea-  rMHyit  wii;»a  dishonour  to  himself,  and 
IH'IImI  were  acquainted  with  it,  this  cannot 
Be  mpmt  him  to  make  count  Couingsmark 
fciky.  But  it  liesupon  me  10  direct  you,  for 
sillarMap  yon  might  swidlowit  as  a  maxim,  to 
toflll  one  m  law,  which  it  is  not. 

So^Bt  it  win  return  to  this,  whether  here 
Iferany  proof  that  count  Coninsfsmark  did  con- 
iMI»tb>thi8-niurderv  or  any  ways*  countenance 
the  lulling  of  Mr.  Thynn,  or  command  any  of 
Hmm  persons' to 'do  it. 

Ibea4iyoii|  gentlemen,  thef«  are  some  sns- 
fMooa  speeeh^that  are  mentioned'  here  of 
m  coont's.  One  is,  that  the  boy  should  say 
Act  tiK  ooont  asked  him  whethtr  men  might 
Hie  in  Lond^m  on  Sundays?  You  hetfr  what 
AMwer  is  given  to  that  Hie  count  denifth 
>at  he  asked  any  such  question  :  and  to  shew 
vd  |iivveihat«uch«  question  ooidd  not  hkdy 

5 


be  asked,  be  toys  and  proves,  by  /RverM  per- 
sons, that  it  was  an  ordinary  thing  fM-  binwdf 
to  ride  on  Sundays  in  Hyde- Park,  belbre  this 
business  long. 

It  is  also  said,  that  when  he  was  tadceo,  he 
should  say,  that  he  did  believe  they  intended 
the  duke  of  Monmouth  no  hurt.  Now  that  he 
said'these  words  he  doth  not  here  deny  ;  but 
he  says  he  spoke  it  upon  the  common  report, 
that  these  men  had  watched  the  coach  till  they 
saw  his  grace  out  of  it,  and  then  they  do  thn 
villainy  ;  so  that  he  apprehended  the^^  had  no 
design  to  hurt  the  duke  at  all.  This  is  tl!ie 
answer  he  gives  ;  how  satisfkctory  it  is  I 
leave  it  to  you. 

Then  as  to  those  other  words  ;  that  it  would 
reflect  upon  his  family,  and  stain  his  b!ood  ^ 
but  he  presently  recollected  himself,  and  said, 
one  brave  action  in  the  wars,  or  lodging  upon  a 
counterscarp,  would  wash  it  ofp.  Y^u  heat 
what  he  says  to  that :  he  looked  upon  it  as  an 
injury  to  his  family,  and  it  woul'i  ht*  some 
stain  to  his  blood,  Uiat  be  should  be  accused 
of  so  base  and  unworthy  an  act ;  but  that  ac- 
cusation he  thought  misfht  be  washed'  off ;  and 
so,  though  he  were  mnocent,  it  might  be 
looked  upon  as  a  stain,  wbidi  a  hi-ave  beha^ 
viour  in  the  wars  would  wipe  off". 

Gentlemen,  thus,  as  near  as  I  ean,  I'  bare 
given  you  an  account  of  the  most  materiid 
mings  that  are  objected  against  him,  and  hik  • 
answers  to  them.  I  must  leave  it  to  you, 
whether  upon  the  evidence  which  you  have 
heard,  you  do  believe  that  this  murder  was  di« 
rected  or  countenanced  by  count  Coningtfmarte^ 
Ifit  were,  he  then  is  Guilty  as  accessory  be- 
fore, end  you  must  find  it ;  but  if  you  believe 
he  did  not  know  it  till  afler  the  murder  was 
done^  then  he  is  innocent;  and -you  must  atN}uit 
him.  And  upon  tlie  whole,  gentlfuien,  I 
must  leave  it  to  you. 

[Then,  it  being  late,  after  an  officer  was 
sworn  to  k^  the  jury,  the  Court  acyoumed 
for  a  while ;  and  in  an  half  an  hour  returned ; 
and  sent  for  the  jury,  who  came  in  and  answer- 
ing to  their  names,  gave  thib  verdict.] 

CL  of  Cr.  CSentlemen,  are  you  afi  agreed  of 
your  verdict  ?— Ototnet.  Vcs. 

CL  of  Cr.  Who  shall  say  for  you  ? 

Ofnnes,  Foreman. 

CL  qfCr,  George  Borosky,  alias  Bontzf, 
hold  up  thy  hand.  (Which  he  did.)  Look 
u^on  the  prisoner:  how  say  you?  1%  he  Guilty 
of  the  felony  and  morder  whereof  he  standa 
indicted,  or  Not  Guilty  ? 

Foreman,  Guilty. 

C/.  of  Cr.  What  goods  and  chattels,  lands 
and  tenements  ? 

Foreman.  Noneto  onrknowledgeu 

CL  ofCr.  Christopher  Vratz,  hold  un  thy 
hand— Is  he  Guilty,  ^c-^Bntman.  Guilty. 

CL  (fCr.  What  goods,  &c. 

Foreman.  None  to  our  knowledge. 

CL  ofCr.  John  Stem,  hold  up'  thy  band<-* 
Is  he  Guilty  or,  Scc.^ Foreman,  Gttnty. 

CL  of  Gr»  What  goods,  Sec. 


tl]         STAT£  trials,  34  CHARLfes  II.  \6S2.'^nd  others Jor  Murder.  *     [Sr 


Arenran.  None  to  our  knowledge. 

CLofCr.  CbarieB  John  Coningsmark,  hold 
1^  thy  hand,  (Miich  he  did.)  How  say  you, 
it  be  Guilty  of  the  felony  whereof  be  stands 
adicted  m  acoeasaryr  before,  or  wit  Guilty  ? 

fbreman.  NotGuihy. 

CoimtCoii.  God  bless  the  Idog  and  the  ho- 
imnblebenc^. 

CL  <f  Cr.  Then  hearicen  to  your  Terdiet  as 
die  Caurt-hath  recorded  it,  you  say  that  George 
BoHMky,  6cc.  and  so  yon  say  all. 

Tben  the  jury  was  dismissed,  and  the  Court 
oidered  a  recognizance  to  be  taken  from  Uie 
count,  with  three  sureties,  to  appear  the  next 
aesnons,  and  to  answer  any  appeal  if  brought ; 
arfter  which  the  judges  went  away,  anu  the 
Rconler,  with  the  lord  mayor  and  aldermen, 
Hayed  to  pronounce  sentence  on  the  convicted 
maJe&ctors. 

Cl.qfCr.  Keeper,  set  George  Borosky  .to 
tiie  bu-,  hold  np  thy  hand,  (which  he  did.) 
Thoa  standest  oouncSed  of  murder,  for  killing 
niOBiaa  Ttiynn,  esq.  what  canst  thou  say  for 
thyself  why  the  Court  should  not  give  judg- 
■CBt  upon  diee  to  die  according  to  law  ? 

InlerprHer.  He  says,  he  prays  God  to  have 
■wtcy  upon  him. 

C/.  <^  Cr.  Tie  him  up.  Set  Christopher 
Tnistothebar. 

Imterpreter,  He  says  he  hears  lie  is  con- 
demned, bat  he  was  nerer  rightly  examined, 
nor  fiiirly  tried.* 

C/.  afCr.  Set  John  Stem  to  the  bar. 

Intervreter,  He  says  he  did  it  for  the  cap- 
tain's sake,  he  went  as  a  second  along  with  him. 

Then  the  prisoners  being  tied  all  up  by  the 
csDBCiitioiier,  prodaroation  was  made  for  silence, 
dunng  the  pronouncing  of  the  sentence. 

Mr.  JRitcorder.  You  the  prisoners  at  the  bar, 
Geoige  Boiosky,  Cbristopoer  Vratz,  and  John 
SleiB,  yoa  have  been  all  mdicteii  for  the 
■nnderof  a  gentleman  of  great  quality,  Mr. 
Hi^ii ;  a  great,  and  heinous,  and  a  crying 
erime,  that  crits  aloud  for  vengeance :  you 
hare  been  hroo^bt  to  your  trial,  and  trieil  in- 
^fferently  by  a  lury  not  consisting  only  of  the 
countrymen  of  the  party  slain,  but  compounded 
of  Ibrogners  and  freeholders  of  the  county 
too.  These  impartial  men  have  found  you 
Gotl^,  and  indeed  the  plainness  of  your  guilt 
b  such,  that  you  yourselves  have  acknow- 
le(%ed  yourselves  Guilty.  For  when  you  were 
tfiprehended,  your  ffuilt  did  so  stare  in  your 
BO»,  and  yon  could  give  so  little  an  account 
bow  you  faiad  bestow^  that  time  wherein  he 
was  mardered,  that  you  were  forced  to  confess 
your  interest  in  the  nict. 

It  is  omr  duty  to  pronounce  the  sentence  of 

*  ^  This  was  because  when  the  evidence  for 
Aeldng  was  finished,  he  was  never  asked  what 
he  had  to  say  for  himself,  which  ought  to  have 
haeo  done,  as  is  usual  in  all  cases,  but  is  not  un- 
fikdr  the  Court  were  apprehensive  he  mi^ht 
Hy  tap  giiih  on  tb^  Gowit"    Fonn^  Edition. 

you  «. 


the  law  against  you  upon  this  conviction ;  but 
it  is  also  our  usage  to  open  the  nature  of  tho 
crime  for  which  the  convicted  person  is  to  suf- 
fer death,  for  the  conviction  of  the  offenders 
themselves.     Now  your  crime  is  one  of  the , 
deepest  die ;    it  is  the  wilful  shedding  of  inno-  • 
cent  blood,  to  which  you  could  be  Fi^d  by  no- 
thing but  what  you  are  charged  with  in  the 
indictment,  the  motion  and  seduction  of  the- 
devil.    This  crime  of  murder  is  put  into  the 
highest  and  foremost  rank.     When  God  him- 
seU*  had  given  laws  to  the  world  under  the  old 
administration,  after  tlie  coipmand  of  honour- 
ing father  and  mother,  in  the  next  place  he 
forbids  murtler.    This  crime  you-  have  com- 
mitted, and  that  with  the  most  aggravating 
circumstances  tliat  I  have  ever  kno^i'n  attend 
any  crime  of  this  nature.    It  was  committed 
upon  a  gentleman  of  great  quality,  that  was  so 
far  from  giving  you  any  provocation  to  it,  that 
you  acknowledge  yourselves  you  nc^er  had 
any  communication  with  him.     It  was  done 
upon  a  day  when  yon  ought  to  have  exercised 
and  busied  yourselves  in  acts  of  piety  and  reli-  • 
gious  worsdiip.      It  was  done  in  the  streets 
of  the  cit}-,  near  the  king's  royal  palace.     But 
the  g^reatest  cu'cunistance  of  all,  is  the  doing 
of  it  in  such  a  manner,  that  is,  it  was  done  by 
way-laying ;  a  sort  of  killing  the  most  unwor- 
thy, the  most  base,  and  the  most  ungenerous 
of  all  other.     For  that  it  gives  the  party  as- 
saulted no  liberty  for  any  prevention,  or  any 
defence  by  any  prudence  he  can  use ;  and  the 
consequence  of  it  is,  as  nmch  as  lies  in  the 
malefactor,  to  destroy  as  well  the  soul  as  the 
body  ;  by  sutji  an  insidious  murder,,  to  take  a 
man  out  of  tliis  life,  before  he  can  have  any  op- « 
portunity  to  prepare  for  anotlier  life.     There- 
fore in  our  public  solemn  prayei*s  in  our  church 
it  has  very  justly  and  worthily  been  made  part 
of  our  liturgy',  to  pray  to  be  delivered  from 
murder  and  sudden  death. 

You  that  are  strangers  in  this  country,  if 
you  had  been  tried  and  convicted  of  a  breach 
of  our  municipal  laws,  the  pecifliar  laws  of  this 
kingdom,  much  indulgence  mi^ht  be  shewn  ts 
you  because  of  your  little  acquaintance  with 'the 
Jaw.  But  that  is  not  your  case:  Your  offence 
is  a  transgression  against  the  law  of  God,  writ- 
ten in  large  characters  in  the  nature  of  man. 
It  is  against  the  laws  of  all  nations,  even  yonr 
own  country  from  whence  you  come,  and  any 
other  countiy  wherever  you  could  ^,  are 
severe  in  then*  laws  against  that  by  which  you 
have  broken  the  law  in  so  foul  a  fact.  The 
very  barbarians  could  say,  This  man  is  a  mur- 
therer,  and  divine  vengeance  will  not  suffer 
hun  to  live ;  so  that  they  all  think  the  divine 
vengi^nce  concerned  to  revenge  it. 

You  hare  slain  this  innocent  gentleman, 
which  is  but  a  smgle  distemper  as  it  conceitia 
him,  but  if  it  should  go  impunished,  it  would 
turn  to  a  pestilentialeontagion .  If  such  assas- 
sinations and  murders  of  persons  should  not  be 
severely  punished,  it  were  a  greater  woe  than 
ever  was  brought  UM&this  kingrdom.  There- 
fore it  is  thought  &  by  his  saajesty,  to  makt 

G 


fej]      8TATC  TllIALS,  54  Charles  II.  \6^2.^Trial  of  Count  Qfiting$mark     [8i 


Itis  justice  signal  and  exemplary  upon  those 
that  have  thus  basely  and  inhumanly  brou^e^ht 
themselves  under  the  censure  of  it.  That  when 
the  fame  of  this  barbarous  action  shall  go 
abroad,  his  justice  shall  also  be  celebrated  upon 
the  actors,  and  that  this  kingdom  is  maintained 
by  justice. 
'  I  have  but  one  thing  more  to  say  to  you, 
and  that  is  in  tenderness  to  you  yourselves. 
You  are  to  consider  that  you  are  to  receive 
another  judgment  than  that  you  will  be  con- 
demned by  uere,  and  that  you  may  be  pre- 
pared for  that  is  your  great  and  your  only 
care.  Now  it  is  repentance  that  is  the  only 
antidote  against  the  sting  of  death.  Yon  can- 
not be  fbuiid  innocent,  yourselves  acknowledge 
your  guilt ;  then  let  it  be  yotir  care  to  be  found 
penitent.  For  that  purpose  you  shall  have  the 
assistance  of  some  of  our  learned  divines  here, 
and  you  will  do  well  to  hearken  to  their  good 
counsels.  I  pray  God  you  may  submit  to  jus- 
tice patiently,  and  that  your  contrition  may  be 
correspondent  to  your  crime,  and  so  you  may 
obtain  pardon  and  everlasting  favour  from  God. 

It  remains  only  that  we  pass  the  sentence  of 
the  law  against  you,  which  is  thb: 

"  That  you  snail  go  firom  hence  to  the  place 
from  whence  you  came,  from  thence  to  the 
place  of  execution,  where  you  6haU  be  several- 
ly hanged  by  the  neck  until  you  be  dead  :  And 
the  Lord  have  mercy  upon  your  souls." 

Then  the  prisdners  were  carried  away,  and 
the  court  adjourned. 


On  the  10th  of  March  following  they  were 
all  three  executed,  according  to  the  Sentence, 
in  Palhnall,  in  the  same  place  vthfire  tbey  had 
committed  the  murder.  Stem  and  Bcirasky 
left  each  of  them  a  paper  signed  with  their  own 
hands.  Capt.  Vratz  would  make  no  Confession, 
but  persisted  in  denying  what  the  others  had 
owned ;  never  man  died  with  more  resolntion, 
and  less  siens  (^fear  or  disorder ;  his  carnage 
in  the  cart  Doth  as  h^e  was  led  along,  and  at 
the  place  of  execution,  was  aatonisnHig;  hm 
was  not  only  undaunted,  -but  looked  cheerfnl, 
and  smiled  often :  When  the  rope  was  put 
about  bis  neek  he  did  not  change  colour,  nor 
tremble,  bis  legs  were  firm  under  him ;  he 
looked  often  af^ut  on  those  who  stood  in  bal- 
conies, or  at  the  windows,  and  seemed  to  fix 
his  eyes  on  some  particular  persons  ;  three  or 
four  times  he  smiled ;  he  would  not  cover  lii^ 
face  as  the  rest  did,  but  continued  in  an  un- 
dauited  manner,  looking  up  to  .heav6n  with  a 
cheerfulness  in  his  countenance,  and  a  Utde 
motion  of  his  hands.  Being  ^ked,  if  he  hod 
any  thing  to  say  to  the  people,  he  said  no. 
When  they  had  stood  aboal:^  a  quarter  of  an 
hour  under  the  gibbet,  after,  they  had  heed  tied 
up,  they  were  f^ed,  when  they  would  giv* 
the  signal  for  being  turned  off ;  they  answered 
they  wei:e  ready ;  so  a  little,  while  after  1h« 
cart  was  driven  away ;  and  thus  they  ended 
their  lives.  Captain  Vratz  was  permitted  to 
he  buried,  but  Stera  and  Boroaky  w«re  hanged 
in  chains. 


The  Last  Confession,  Prayers,  and  Meditations  of  Lieutenant  Johk 
Stern,  delivered  by  him  on  the  Cart  immediately  before  his 
Execution,  to  Dr,  Burnet.  Together  with  the  Last  Confession 
of  Geouge  Boroskt,  signed  by  him  in  the  Prison,  and  sealed 
up  in  the  Lieutenant's  Packet.  With  which  ah  Account  is 
given  of  their  Deportment  both  in  the  Prison  and  at  the  place 
of  their  Execution,  which  was  in  Pali-Mall,  on  the  10th  of 
March,  in  the  same  place  in  which  they  had  murdered  Thomas 
Thynn,  esq.  the  1 2th  of  February  before,  1682.  Written  by 
Gilbert  Burnet,  D.  D.  and  Anthony  Horneck,  D.  D. 

An  AccouKT  of  the  Deportment  of  Captain 
Vratz,  Lieutenant  Stern,  and  Geoegb 
BoRosKT,  the  Murderers  of  Tho,  Thynn^ 
esq.  both  in  the  Prison^  and  at  their  jEse- 
culion, 

FOUR  days  after  the  barbarous  murder  of 
Mr.  Thynn,  which  filled  all  people's  minds 
with  a  jnst  horror  at  so  rile  and  inhuman  a 
fact,  I  was  desired  to  go  and  yisit  the  prisoners. 
I  carried  Dr.  Horneck  with  me,  because  I 
heard  that  Borosky  the  Polonian  spake  no 
other  lan^age  but  Polish  and  High  Dutch. 
We  waited  on  the  captain,  but  he  was  unwilling 
to  enter  into  much  discourse  with  us ;  and  ad- 


cooncil,  that  he  only  intended  to  fight  irith 
Mr.  Thynn,  and  that  the  Polonian  had  mistook 
his  orders  when  he  shot  him.  The  lieutenant 
said  at  first  nothing,  but  that  he  was  in  tht 
companjr  of  those  that  committed  the  fikct» 
without  intention  to  murder  any ;  and  if  for 
that  he  should  be  condemned  to  die,  then  said 
he,  «  Fiat  voluntas  tua,'  Thy  will  be  done. 
The  Pokmian  was  free  and  ingenuous  in  bii 
confesaon,  and  expressed  great  sorrow  for 
what  he  had  done.  But  within  a  few  days  I 
went  again  and  found  the  lieuteiiant  wonder- 
fully touched.  He  teld  me  that  the  morning 
after  he  was  first  taken,  he  awakened  fall  oi 
horror  for  what  he  had  done,  and  the  first 


hered   o  what  be  had  confesMd  befi>re  the  [  thing  that  came  in  hit  mind  was  the  0th  rerse 


kS)        STATE  TRIALS*  9i  Charlbs  II.  le^i^j^-^gmd  aUur$Jar  Murier,        [S$ 

tiP9,  xzzii.  *'  Be  ye  Dot  as  the  horse  and  tiie  J  of  bis  hearts  To  this  ha  added  a  short  accouu^ 
mule  which  have  no  anderstandhig',  whoae  of  his  life,  and  a  confession  of  the  crime  i'ot 
mouth  must  be  held  in  witli  bit  and  bridle."  vrbich  he  i?as  to  suffer.  • 
lliis  he  applied  to  the  irons  in  which  he  was»  He  oflen  wished  that  from  bim,  all  that  stood 
md  then  D^an  to  reflect  what  a  beast  he  had  might  take  heed  lest  they  fell,  for  once  Ii# 
been,  and  tluit  it  was  fit  he  should  be  shut  up  thought  himself  as  little  capable  of  committiug' 
in  a  prison,  and  fettered  as  he  then  was ;  upon  |  such  a  crime,  which  should  bring  him  to  such 
that  ne  looked  back  with  horror  on  what  he  ,  an  end,  as  any  man  was.  He  was  the  son  by 
bad  done,  and  began  to  cry  earnestly  to  God  the  lefl  hand  of  a  baron  of  Sweden,  who  was 
for  mercy.  made  a  count  before  he  died ;  but  he  did  not 

He  continaed  some  days  in  doubt  whether  carry  his  name,  because  he  was  not  legitimate  ^ 
be  oug^t  to  confess  or  not,  and  was  in  that  and  he  would  not  have  his  father's  name  to  he 
^"jdety  when  I  saw  him  first,  which  made  him  '  published,  because  he  was  now  such  a  reproach 

I  to  it :  He  applied  himself  to  the  war,  but  in  alj 
these  23  years  in  which  he  had  been  tiavelling 
up  and  down  the  world,  he  had  led  a  much 


lay  nothing  at  that  time  ;  but  he  said  after- 
wards he  round  such  inward  compunction  in 
bts  mind,  that  he  wished  to  die  j  he  grew 
weary  of  life,  and  hated  himself  so  much  that 
he  was  glad  to  do  every  thing  that  was  lawful, 
which  might  be  a  means  to  bring:  him  to  be  a 
public  example,  and  to  suffer  in  this  world  for 
bis  sin.  Upon  that  he  made  his  confession 
to  the  justices  of  peaqe,  and  found  hunself 
mnch  at  ease  when  that  was  done.  He  turned 
himself  ailer  that  wholly  to  God,  and  found 
that  then  he  was  entirely  out  of  die  snares  uf 
Satan,  and  the  hold  which,  the  Devil  had  of 
him.  AH  the  rest  of  the  time  of  his  imprison- 
ment, except  a  few  hours  of  sleep,  towards  the 
mornings,  ne  spent  in  reading  the  Bible,  and 
some  odier  good  books,  particularly  Dilheren's 
Way  to  Happiness,  in  High  Dutch,  which  he 
valn«l  highly,  and  Tliomas  a  Kempis's  book 
of  tbe  Imitation  of  Christ,  and  some  other 
books  of  devotion.  He  thought  it  was  also  fit 
for  him  to  leave  in  writing  a  warning  behind 
him  to  others  to  learn  by  his  example.  He 
was  not  bred  to  letters,  ana  so  he  said  he  knew 
what  he  should  write,  would  appear  simple  to 
those  diaft  delighted  in  learning,  or  polite  Ian- 
eoage  j  but  he  said  he  would  write  from  his 
heart,  and  prayed  Goi  it  might  have  a  good 
tSeet  on  others^  He  had  travelled  np  and 
dawn  Europe  23  years,  being  then  in  the  42nd 
year  of  bis  aspe,  and  he  hwi  observed  many 
tfaiogs  though  be  had  no  literature ;  so  he  said 
he  woiild  leave  an  exhortation  to  all  sorts  of 
people  with  whom  he  had  conversed,  and  tonch 
those  sins  which  he  himself  had  known  many 
of  diem  ffuilty  of;  and  he  said  that  if  his  writ- 
ing shoi&  become  public  in  Germany,  or  in 
other  places  where  he  had  been,  iie  was  con- 
fideat  that  many  might  read  it,  who  would 
know  for  what  reason  be  had  writ  maigr  pas- 
sages in  it,  and  might  perhaps  be  moved  to  re- 
flect on  those  sins  of  which  they  knew  them- 
setves  guilty,  and  would  understand  his  mean- 
ing better  dban  any  others  could.  When  he 
hu  writ  it,  he  gave  it  to  me  four  days  befofe 
his  exeentioD :  he  had  dashed  and  cnanged  it 
ia  many  passagto,  which  he  said  he  ipi-rit  at 


more  innocent  life  than  might  be  guessed  from 
such  a  conclusion  of  it.  He  had  early  a  scusff 
of  the  fear  of  God  before  he  came  abroad  intp 
the  world,  which  never  \eii  him  quite  till  a  few 
days  before  this  &ct ;  but  was  always  such  i| 
curb  on  him,  that  he  never  fell  into  tliose  sins 
that  are  too  common  among  those  that  follow 
the  war.  He  was  so  litde  guilty  of  plunder  or 
oppression  in  his  quarters,  that  ne  said  he  was 
sure  less  than  20  crowns  wpuld  pay  all  that- 
had  been  ever  taken  by  him.  He  was  nevcu 
guilty  of  any  act  either  of  cruelty  or  treachery, 
of  rapes  or  blasphemies,  was  never  false  at 
play,  had  not  the  custom  of  swearing,  nor  did 
ne  fail  daily  to  pray  to  God.  He  had  always 
a  compassionate  nature :  He  was  not  a  little 
lifted  up  widi  the  courage  that  he  had  shewed 
on  many  occasions,  and  had  been  very  sensible 


perfecdy  satisfied  in  his  own  mind  with  that 
religion,  and  detested  the  idolatry  that  he  saw 
in  it.  But  he  was  much  corrupted  with  that 
principle  which  is  too  common  in  the  wprld, 
that  it  a  man  was  honest,  and  good,  he  might 
be  saved  in  any  religion :  and  that  it  was  tit  to 
be  of  the  religion  of  die  country  where  on« 
lived :  Yet  he  said  he  could  never  look  on  po<« 
pery  but  as  a  contrivance  of  priests  for  govern- 
mg  the  world.  About  a  year  ago  he  cnanged 
his  religion  and  retarned  to  be  or  the  Ausbai^ 
Ck>nfession.  Last  summer  he  came  to  Eng- 
land, beioff  then  out  of  employment,  and  in* 
tended  to  nave  got  into  the  Guards ;  he  grew 
acquunted  with  (or  found)  captain  Vrats  here, 
for  I  do  not  asmember  well  whether  he  knew 
hint  first  here  or  not. 

For  the  particulars  of  his  confession  I  refer 
the  reader  to  his  own  paper,  only  one  passage 
which  he  has  not  mentioned  will  shew  cleaiTy 
the  temper  of  his  mind,  when  he  writ  it :  He 
told  me  that  aflcr  the  captain  and  he  bad  talked 
of  smidry  poignards  for  giving  Mr.  I'li^nu  th^ 


fint,  woen  there  was  yet  too  much  of  the  spirit  fatal  stroke,  the  captain  spake  to  him  one  day 
of  the  world  in  him,  but  he  had  reviewed  it,  of  a  musqnetoon,  and  told  him  fiiey  were  now 
and  had  corrected  it  in  the  best  manner  he  I  resolved  to  do  it  by  that :  he  answered,  that  he 
coakL  He  said  be  had  never  writ  so  much  in  thought  that  was  by  no  means  a  proper  mstiu- 
bk  whole  life,  and  so  he  did  not  doubt,  but  mentforit,  since  it  would  be  seen  in  a  man'^  * 
there  would  appesn:  great  weakness  in  some  hand  before  it  could  be  discliar^d,  and  so  they 
futtditfbvA  hehttawrititiattieiiBaplicity  ,  might  be  catchcd, before  ih«  buaiiuess  should 

I 


87]      STATE  TRIALS,  34  Charles  II.  1 6%^^Trial  of  Comi  Con{ug$mark     [Ǥ 


be  done,  therefore  he  thought  a  pistol  was 
much  better :  but  the  captain  answered,  Tliat 
the  couQt*s  council  were  of  another  mind ;  and 
"when  tlic  lieutenant  nskcd  who  they  were,  he 
named  three  outlandish  men.  But  three  or 
four  days  after  tiiat  he  told  me,  That  though 
that  passasfo'was  Tei-y  true,  yet  he  did  not  know 
but  the  captain  mig^ht  only  name  those  persons 
to  amuse  him,  and  he  di'd  not  believe  it  was 
tru<5  of  one  of  the  three ;  and  if  it  was  not 
trneof  liim,  then  there  was  reason  to  doubt  if 
what  he  said  of  the  other  two  was  true :  snd 
therefore  since  it  mt^ht  have  been  said  only  to 
decdve  him,  and  since  his  namiriff  them  would 
cast  a  slur  upon  them,  he  thought  he  ougfht  to 
be  so  tender  of  their  rskjmtation  as  not  to  pub- 
lish their  names.  This  will  shew  both  the 
strictness  of  his  conscience,  and  the  soundness 
of  bis  judgment:  and  that  he  would  not  say  a 
thinfr  though  it  was  true,  in  so, far  as  he  said 
it,  unless  he  had  believed  it  was  true  in  itself. 

He  told  me  that  for  some  weeks  before  the 
fact  was  done,  he  fell  under  a  darkness  and 
stupor  in  his  mind,  which  he  could  compare 
to  nothing  but  the  sense  a  man  has  when  he  is 
half  asleep :  He  flintinned  to  say  his  prayers, 
but  it  was  only  as  a  child  repeats  a  lesson  by 
rote,  for  he  had  no  sense  of  God  all  that  while ; 
and  he  lamented  much  that  he  had  not  read 
any^hiTg  in  that  book  of  Dilherens,  written 
much  like  our  Practice  of  Pietj%  which  he*had 
ijarried  about  with  him  two  or  three  years. 

He  »wa8  so  little  aWe  to  judge  of  things 
aright,  that  he  thought  hewould  be  free  of  the 
crime,  if  he  did  it  not  with  his  own  hand ;  and 
because  he  abliorred  the  acting  it  himself,  he 
fancied  he  would  not  be  guilty,  if  he  only  went 
in  the  company  of  ih^  tfiat  were  to  do  it 
When  the  fatal  day  came  in  which  it  was 
done,  he  said,  though  he  was  not  drunk,  yet 
he  was  like  one  drnnk,  for  he  was  almost 
fltupid :  it  was  on  a  Lord^sday,  which  he  had 
much  and  ofleii  prophaned,  ^pd  on  that  day  in 
narticalar,  he  had  not  worshipped  God  neither 
in  public  or  private.  The  captain  desired  him 
to  go  with  him  and  fight  with  Mr.  Tliynn.  (I 
think  it  was  near  six  o'clock  at  night,'  but  am 
not  sure  as  to  the  hour).  He  confessed  he  be- 
lieved it  was  designed  to  act  what  followed, 
for  he  saw  the  rousquetoon  in  the  hand  of  the 
Pohmder,  and  he  remembered  well  the  use  for 
which  it  was  bousrht,  but  he  still  resolved  that 
he  would  do  nothmg,  but  fight,  if  there  should 
be  occasion  for  it.  He  bad  delighted  much  in 
horses,  and  bad  a  great  opinion,  that  there  was 
some  sagaoity  in  tiiem  ;  so  the  dulness  of  bis 
horse  in  following  Mr.  Thynn's  chariot  all 
along  Pall-mall,  made  some  impressians  on 
bim:  ibr  thoui^'h  he  used  the  spur  pretty 
mnartly,  yet  hecoutd  not  get  him  to  follow  close. 
That  and  a  disorder  inliis  own  mind  made 
that  he  was  almost  twenty  paces  behinil  when 
the  fire  was  given,  nhicn  had  that  deplorabh^ 
,  eflect  on  that  unfortunate  gentleman  ■  Tie  told 
me  even  that  did  n<»»  av  akcn  him, but  his  sh'p' r 
continued  so,  that  some  little  time  past  \t^ii*re 
be  offered  to  fiy  avray;  and  tJicn  his  hone 


without  the  spur,  was  quidc  oioagh.  H« 
was  not  after  that  affect^  i^ith  it,  hot  spcBt 
that  ni^^ht  almost  as  ill  as  he  had  \lone  the  day ; 
nor  was  he  recovered  of  that  stupidity  till  m 
second  day  of  his  imprisonment. 

He  said  he  would  have  writ  nothing  con- 
cerning the  fact,  if  his  whole  confession  had 
been  road  at  his  trial ;  but  that  not  being  done, 
he  thought  it  tit  for  him  to  leave  it  behind  him 
to  the  world,  that  the  whole  truth  of  that  mat- 
ter nnght  appear :  but  he  professed  of\en,  ^at 
he  did  it  not  out  of  any  resentment  to  any  per- 
son whatsoever ;  and  though  he  looked  on  the 
captain  as  the  fa^  instrament  that  had  drawn 
him  into  this  sin,  and  this  misery  that  follow- 
ed it,  yet  he  ceased  not  every  day  to  pray  for 
him  :  when  sentence  was  pnmounced,  the  cap- 
tain reproached  him,  and  called  him  with  some 
acorn  a  niurderer :  Il6  said,  that  touchefl  him 
very  sensibly  to  see  bim  that  was  the  caose  of 
his  ruin  insult  over  bim ;  Yet  he  oflen  asked 
news  of  him,  whetl)er  he  was  touched  with  a 
sense  of  his  sin  or  not  ?  anil  when  be  under- 
stood that  he  continued  still  to  deny  aU,  but 
only  an  intention  to  fight  witU  Mr.  Thynn,  he 
desired  ^hat  he  might  l>e  suffered  to  go  to  bim 
and  spcsk  with  bim  ;  for  he  said,  though  others 
might  speak  much  better,  yet  he  hoped  be 
might  say  somewhat  that  would  be  more  ef- 
fectual :  So  on  Wednesday  the  8th  of  March, 
he  was  carried  to  him  ;  I  warned  him  before 
hand,  that  the  captain  would  perhaps  use  bim 
rougfhiy,  for  he  was  often  uporaiding  bim  for 
his  ingratitude,  and  for  having  accused  him 
falsely :  But  he  answered  me,  that  he  went  to 
see  if  he  could  be  a  means  to  do  him  any  good, 
and  not  to  dispute  a  matter  of  fact  with  him, 
which  he  knew  in  hb  conscience  was  true : 
and  if  he  saw  there  was  no  appearance  of 
doing  any  good  to  bim,  lie  would  soon  leave 
bim.  In  his  way  to  him  he  was  to  go  up  some 
stairs  and  pass  through  the  chapel,  and  then  to 
go  down  ;  so  he  told  me  he  was  going  up  to 
the  house  of  God,  but  be  should  go  higher 
within  two  days,  to  a  house  not  made  with 
hands.  Dr.  Homeck  was  then  with  the  cap- 
tain, and  prepared  him  for  his  coining.  There 
was  no  other  witness  of  what  passed  between 
them  in  that  short  interview  but  be  only.  He 
told  me  afterwards,  that  the  lieutenant  spake 
to  the  caotain  with  g^reat  hnmility,  be  toM  him, 
he  heartily  forgave  him  all  the  injury  he  bad 
done  him,  by  drawing  him  into  this  business, 
be  knew  he  had  said  nothing  but  the  truth,  he 
exhorted  him  to  repent,  that  so  he  might  find 
mercy  at  God's  hands.  But  the  captain  fell  in 
some  passion,  and  said,  he  lied,  and  gave  him 
other  reproachful  words  ;  upon  which  he  left 
him.  When  he  came  back  to  his  chamber, 
he  told  him  how  sorry  be  was  to  see  ^  oap- 
tain  in  such  a  condition ;  but  he  said,  though 
at  another  time  he  could  not  have  endured  sodi 
reproaches  from  the  greatest  man  in  the  world, 
yet  he  felt  no  resentment  in  his  mind  at  what 
he  had  said  to  himself,  and  added,  thai  by  bear- 
ing this  in  such  a  manner,  be  hoped  he  bad 
got  two  ateps  higher  in  his  way  to  Heaven. 


19]         StATS  TBIMLS,  S4  CHAttW  II.  l682.— Airf  o«ier«>/M^  Mmtden        [90 

Wben  I  repKed  tfntit  w«8  a  good  rign,  that  be 
bdlewnedtobelike  his  Saviour,  who  when 
ke  was  reviled,  reiiled  not  affain :  he  said, 
Ah !  Sneh  a  miserable  criminaras  I  am,  must 
sot  be  m  anythiiig  compared  to  mr  blessed 
Redeemer.  He  desired  that  the  Poloman  mi^t 
Wsuffered  to  stay  aOthe  day  long  in  bis  cham- 
kr,  for  he  foond  he  had  a  mind  well  disposed, 
but  was  tgnoraiit.  80  he  took  great  pains  to 
ostruct  him :  They  were  together  the  last 
lisfbt  of  their  liie,  in  which  as  the  one  slept  the 
•ther  watched  and  prayed ;  for  the  heotenant 
laid  to  me  he  tbonght  it  was  not  fit  that  both 
fbmild  be  together  asleep  that  niglit;  but  that 
aUnight  long  either  the  one  or  the  other  of  them 
flhould  be  eonslaatiy  calling  npon  Qod.  He 
expressed  not  the  least  desire  of  living  any 
ioDger :  He  never  once  aske:!  me  if  I  thouglit 
a  pardon  might  be  obtained  :  On  the  contrary 
he  said,  he  deserved  to  die,  and  desired '  it  as 
lantkk  as  he  had  deserved  it.  He  only  wished 
that  if  it  could  be  obtained,  his. head  might  be 
cot  off;  but  he  easily  acquiesced,  when  1  told 
him  that  was  not  to  be  expected.  He  often 
blessed  God  for  brincriii^  him  to  a  prison,  and 
thai  he  bad  not  made  his  escape  to  have  led  a 
wicked  life  any  longer.  After  he  had  been 
under  great  horror  for  almost  a  week,  he  found 
great  quiet  come  instead  of  it,  chiefly  after  he 
had  disburthened  his  conscience  by  a  sincere 
eoofession  ;  at  last  it  grew  upon  him  to  a  joy 
in  God,  and  at  the  approaches  of  death,    • 

The  nijrht  before  he  suffered,  be  told  me  he 
was  languishing  through  desire  to  die  ;  he  was 
now  so  settled  in  his  assurance  of  God's  good- 
tteastohim,  that  he  was  longing  to  be  with 
him  ;  he  considered  that  night  ns  the  eve  of 
his  wedding,  and  theivfore  it  would  seem  tedi- 
eustohim.  A  little  while  after,  he  said,  to- 
morrow is  the  H»t  battle  1  shall  fight,  my  ene- 
my  sliall  gain  the  camp,  the  tent,  I  dwell  in, 
hk  I  shall  by  the  gra«e  of  God  win  the  day. 
And  when  he  spdce  of  that  at  another  time, 
he  looked  up  to  God,  and  said,  I  go  to  fight 
with  thy  weapons,  and  thy  armour,  and  when 
i  have  overcome  I  will  come  and  offer  them 
4ip  to  thee.'  He  had  that  day  received  the  sa- 
crament with  great  devotion,  and  said,  Now  I 
have  got  my  pass-port,  and  I  long  to  be  gone. 
He  was  mnch  rejoiced  to  hear  that  night  that 
the  captain  was  m  a  befter  temper  than  he  had 
been  m  formerly  ;  fbr  the  minister  of  the 
Amborg  confession  in  London,  told  him  in  my 
hearing  that  the  captain  had  confessed  that  he 
had  drawn  them  into  this  snare,  and  had  en- 
gaged them  in  this  murder.  The  captain  also 
seat  a  kind  message  to  him,  and  gave  orders 
fe  every  thing  that  concerned  his  bmial ; 
mm  which  he  sent  aretum  to  him  foil  of  great 
anfiMtion.  Hiis  made  him  change  a  resolution 
he  once  had,  of  speaking  somewhat  concern- 
mg  the  morder  at  nis  execution.  He  said  there 
wasnodiiBg'  naaterial  m  his  last  oonfiession  that 
WIS  not  in  his  first,  taken  hy  the  justices  oi 
feaee,  so  there  wn?  no  need  of  making  any 
other  pabhc  declaratio&  $  and  he  thought  if  he 


tain,  it  would  perhaps  put  bun  in  some  diitorder^ 
and  he  would  not*  venture  the  being  discom- 
posed in  the  last  moment  of  his  hie  ;  therefbra 
he  resolved  to  seal  up  all,  and  give  it  to  me  at 
Uie  place  of  execution.  He  had  shewed  it 
four  days  before  to  one  Blr.  £Mart,  a  German,, 
of  Covent  garden,  and  had  ordered  me  to  let 
him  copy  it.  He  had  likewise  shewed  it  to  Dr. 
Honieck,  and  it  was  almost  all  copied  out  be- 
fore he  died. 

In  this  temper  I  left  him  atnight,  bnt  found 
him  much  better  on  the  morning  of  his  execu- 
tion. He  had  slept  three  hpurs,  and  was  then 
weO  in  his  heart  and  health,  for  the  night  be- 
fore he  was  very  faint.  He  told  rrte  now  he  was 
full  of  joy,  he  was  going  to  exchange  a  prison 
fbr  a  palace ;  A  prison  iliat  h<u$  beeu  to  me  bet- 
ter than  any  palace,  fo^  heie  God  has  touched 
me,  he  hfc»  drawn  me,  he  lifis  quickened  me ; 
and  now,  O  God,  I  come  to  thee,  to  live  with 
thee  for  ever.  He  bn>ke  oficu  out  in  great 
transports  of  joy,  he  said  this  that  follows  sa 
often  both  in  Fr»*o«.!h  and  Dutch,  that  I  couid 
notbut  remember  it  well :  O  my  God,  my  good 
,  God,  my  infinitely  good  Grod,  how  do  I  love 
thee!  1  bless  thee,  1  will  bless  thee  as  long  aa 
1  hve,  yea,  Lord,  1  shall  sing  of  thy  praises  for 
ever :  for  thou  hast  blessed  me  wonderfully  : 
thou  bast  put  many  good  inclinations  in  me: 
thou  hast  oflen  toucn^  my  heart  with  the  mo- 
tions of  ihy  holy  spirit ;  but  above  all  thy  bless- 
ings, for  this  I  will  bless  thee,  that  when  I  had 
forsaken  thee,  and  was  at  the  gates  of  hell,  that 
thou  hast  brought  me  from  thence,  and  hast 
now  brought  me  even  to  the  gates  of  heaven. 
Open  them,  O  Lord,  and  I  will  entei-  m,  and 
praise  thy  name  fbr  ever  I  bless  thee  that 
thou  hast  chastised  me  with  thy  rod,  bat  thy 
rod  is  a  rod  of  mercy  ;  and  now  thou  hast 
done  so  much  for  me,  O  give  me  a  greater 
sense  of  thy  love,  that  I  may  pnaise  thee  with 
my  whole  soul,  and  from  the  very  bottom  of 
my  heart. 

This  he  repeated  often  in  such  a  manner  that 
he  seemed  as  one  ravished  for  joy.  He  wept, 
but  he  told  me  these  were  not  tears  of  sorrow, 
but  flowed  from  the  abundance^ of  his  joy. 
He  and  the  Polonian  sung  the  51st  Pnlm  m 
High  Dutch,  three  several  times ;  and  I  saw 
him  particularly  touched,  when  he  sung  those 
words,  ^<  Deliver  me  from  blood  guiltiness,'  O 
God,  thou  God  of  my  ^Ivation.'*  He  spent 
the  rest  of  the  time  in  prayers  and  ejaculations. 
A  geotleman  came  in  and  asked  how  he  did  ? 
he  answered  him.  He  thanked  God,  we0,  his 
friend  had  sent  to  call  him  to  come  to  dine 
with  him,  and  he  was  ready  to  go.  And  when 
it  vras  told  him  he  was  now  to  fight  his  last 
battle,  he  answered.  The  battle  was  already 
fhught,  there  was  but  one  shodc  behind,  and  he 
was  sure  he  should  overcome.  His  heart  was 
so  full  of  the  sense  of  the  goodness  of  God, 
that  he  could  now  complain  of  nothing,  or  de- 
sire nothing  but  that  he  might  be  aUe  to  re^ 
jikice  more  pcrfeiefly  in  God  and  to  praise  him 
more.    Helon^  much  fbr  the  officers  that 


ttidairythiB^  that  BVgfat  reflect  on  the  cap-    shonld  carry  hin  away,  and  looked  irifh  great 


$1  ]     STATE  TRIALS,  U  Cu aalbs  II.  i6t^^Trial  ^  Ccmii  CMpti^f m«riEr     [93 


cheerfulness  at  me  when  he  saw  them  oonae  to 
lead  him  out.  When  his  irons  were  taken  off, 
be  told  me,  scune  of  his  fetters  were  taken  from 
him,  but  be  had  others  yet  about  him  that 
should  be  likewise  taken  on  very  speedily,  but 
I  have  chains  upon  my  soul  which  shall  draw 
me  up  to  heaven.  He  told  me  that  he  intended 
to  msike  a  short  exhortation  in  the  cart,  chiefly  to 
bare  warned  the  people  not  to  cast  off  the  sense 
of  God,  and  particularly  that  as  they  did  their 
own  business  all  the  week,  that  Ihey  would  do 
God's  work  on  the  Lord's-day :  and  learn  from 
him  what  the  ill  effects  of  profaning  that  day 
were.  He  ^as  likewise  to  have  exhorted  them 
not  to  think  there  was  any  wickedness  so  great, 
but  if  they  did  cast  off  God,  and  were  forsaken 
of  him  they  might  fall  into  it.  lie  had  been 
once  in  a  good  way,  but  had  left  it,  and  they 
aaw  the  ettects  of  tiiat ;  y(  t  God  hai  mercifully 
bi'ought  him  back  to  it,  and  tlicrcfore  he  in- 
tended to  pray  them  to  fear  God,  and  keep  his 
commaqdments,  and  it  would  be  well  with  tnem. 
This  was  the  substance  of  that  which  he  had 
piurposed  to  say ;    but  when  he  came  to  the 

{dace,  the  noise  was  so  great  there,  that  he  ^d 
te  would  speak  nothing,  but  left  it  to  me  to 
publish. what  I  knew  he  had  intended  to  say ; 
and  so  he  continued  in  his  devotions,  reading 
some  prayers  and  hymns  out  of  Dilheren's 
Book;  and  in  several  passacfes  as  he  read 
them,  I  perceived  great  joy  m  his  looks;  he 
told  me  his  mind  continued  firm  and  settled  in 
his  joy  in  God ;  and  so  he  went  on  a  while 
readme^,  at  last  he  threw  his  book  to  me,  and 
wished  me  to  give  it  to  some  goodsoul.  He 
said  a  few  words  to  the  captain  in  High  Dutch, 
which  I  did  hot  quite  understand,  but  by  his 
manner  I  jud&^ed  it  was  a  declaring  that  he  for- 
gave him, anddiedin  charity  with  him,  to  which 
the  captain  made  a  short  answer  that  seemed  to 
me  a  return  of  his  kindness.  But  the  croud  ^as 
such  that  the  Geiman  minister  could  not  pos- 
sibly come  to  the  place,  so  this  was  lost. 

And  this  is  all  the  account  I  can  give  of 
lieutenant  Stem ;  it  is  the  substance  ofmany 
and  long  conversatioiis  I  had  wfth  him  ;  French 
was  the  language  in  which  we  discoursed,  and 
he  expressed  himself  very  well  in  it.^ 

I  cannot  give  so  long  an  accouut  of  Borosky 
the  Polander,  for  all  my  discourse  wiUi  him  was 
by  an  interpreter,  and  the  lieutenant  did  fer  most 
part  interpret  between  us.  I  tbund  that  the 
course  01  his  life  had  been  very  honest  and 
innocent;  a^d  that  before  he  committed  this 
barbarous  act,  he  had  not  been  guilty  of  any 
enormous  crime  in  his  whole  me:  and  ^at 
particularly  the  last  year  of  it,  he  had  a  greater 
sense  of  the  £ear  of ,  God  than  formerly,  so  that 
lie  had  reformed  his  life  to  such  a  dagvee,  that 
he  had  not  been  guilty  of  one  act  either  of 
drunkemiess  or  undeanness,  of  swearing  or 
King,  and  that  he  had  constantly  piayed  .to 
God.  He  said,  That  when  count  Conings- 
mark  made  that  proposition  to  him,  which  he 
told  me  much  more  largely  than  I  find  it  is  in 
bis  confesbioD,  be  was  troubled  at  it^  apd  went 
iaito  another  D»m  an4  ImeeM  down  and  said 


the  Lord's  Prayer;  but  concluded  thatsinot 
his  mind  was  not  fortified  against  it,  that  God 
had  appointed  that  he  should  do  it.  He  said 
in  his  country  they  were  bred  up  in  such  as 
opinion  of  their  dnty  to  their  masters,  and  of 
their  obligation  to  maintain  their  hoiioar,  that 
he  believmg  the  relation  the  count  made  ni  the 
English  gentleman  (for  Mr.  Thynn  was  not 
named  to  him)  having  intended  to  murder  himi 
and  having  set  six  assassinates  on  him,  thought 
himself  in  some  sort  absolved,  if  hesnould  re- 
venge such  an  attempt.  He  was  also  deluded 
by  what  the  captain  told  him,  that  if  they 
happened  to  be  taken,  he  only  and  not  the 
Polander  would  suffer  for  it ;  so  that  he  |vas 
easily  wrought  on  to  do  it.  He  was  not  spoke 
to  by  the  count  till  one  o^clook  on  Sunday,  but 
whether  in  the  iboniing  or  a^moon  I  do  not 
know,  and  it  was  acted  that  same  evening,  so 
that  he  was  never  alone,  nor  had  he  any  oppor* 
tunity  of  recollecting  himself,  but  was  hurried 
into  it  blindly. 

He  told  n^  one  passage  that  beiel  him  afler 
his  imprisonment,  which  ne  firmly  believed  was 
real,  and  not  theefiect  of  a  disturbed  fancy :  He 
said,  being  shut  up  in  his  cTiamber  a  day  or 
two  after  hid  imprisonment,  he  tliought  in  the 
night  being  fully  awake,  that  one  opened  the 
door,  which  he  fancied  was  his  keeper  coming 
to  him  ;  but  when  he  looked  at  it,  it  was  a 
woman  who  had  appeared  sometimes  to  him 
befor^  in  Germany,  upon  some  extraordinary  oc- 
casions ;  she  looked  on  him,  but  spake  notning 
to  him ;  and  vanished,  He  verily  believed  this 
was  sent  firom  God  to  him,  to  touch  his  heart ; 
and  whether  it  was  real  or  only  imagined,  it 
had  certainly  a  very  good  effect  on  him :  For 
firom  that  time  he  was  wonderfully  changed.  ^ 

He  said  he  continued  about  four  days  as  hi 
hell,  by  the  rack  that  he  felt  in  his  conscience^ 
but  afler  that  he  came  to  have  great  ouict  and 
assurance  of  God's  mercy.  He  hau  no  fear 
of  death,  but  every  time  I  asked  him  concern- 
ing it,  he  said  he  was  re^y  for  it,  and  longed 
for  it  more  than  ever  he  did  for  any  thing  in  bis 
life:  he  assured  me  he  had  from  bis  heart 
foigiven  both  the  count  and  the  oaptain,  and 
that  he  prayed  earnestly  for  them. 

The  lieutenant  often  told  me,  That  he  had 
an  excellent  soul,  and  that  though  he  had  not 
much  knowledge,  yet  be  himself  learned  much 
fi-om  him  ;  for  lie  bad  the  simplicity  of  a  littlo 
child  in  him ;  and  a  love  to  God,  and  to  his 
Saviour  that  passed  ail  knowledge :  so  that  h/9 
spent  almost  his  whole  time  in  praying  and 
praisuig  God:  he  went  out  of  the  chamber 
wheu  he  was  called  on  by  the  officers  to  bis 
execution,  with  great  cheOTulness ;  and  by  bit 
looks  and  carnage  in  the  cast  expressed  a  great 
sense  of  his  condition :  He  seemod  to  have  no 
sort  of  fear  in  him,  nor  did  be  in  the  ieairt 
change  colour,  or  was  heat  all  terrified. 

In  the  last  place,  I  must  say  sotuewbat  sf 
captain  Yratz,  which. I  dp  unwillingiy,  ber 
cause  some  passages  ace  not  such  as  I  can  re- 
flect ou  with  aay  great  satisfaction.  It  is  ocT'* 
tain  that  nevet  man  died  withi  more  resolntte 


m 

93]        STATE  TRIAL6/94  Chablbs  n.  ieo.'^-md  oiher$y/ar  Muriir.       [94 


and  leas  i^^8  of  fSear,  or  the  least  disorder. 
Em  earrisge  in  the  cart  both  as  he  was  led 
akng,  and  at  the  phiee  of  execution  was 
asts&lHii^,  he  was  not  6tk\y  ondaonted,  but 
Isoked  cfaeerfnl,  and  smiled  often ;  When  the 
rope  was  pot  about  his  neck,  he  did  not  change 
colsur  nor  tremble,  his  le«s  were  firm  under 
him :  he  lo^^ced  often  about  on  those  that 
slood  m  balconies  and  windows,  and  seemed  to 
fix  his  eyes  on  some  persons;  three  or  four 
times  he  smiled  ;  he  would  not  corer  his  fiice 
as  the  rest  did,  hot  continued  in  that  state,  often 
Iwddn^r  up  to  Heaven,  with  a  cheerfulness  in 
hit  couDtenance;  and  a  little  motion  of  his 
hands.  I  saw  him  sereral  times  in  the  prison ; 
be  still  stood  to  the  coniteion  he  made  to  the 
council  till  the  last  day  of  his  life:  He  often 
said  to  me  be  wouM  never  say  any  thing  but 
what  he  had  said  at  first. 

When  1  was  with  him  on  Sunday  before  his 
deodl,  he  still  denied  all  that  the  lieutenant  and 
d»  Polonian  had  said,  and  spake  sererely  of 
them,  chiefly  of  the  lieutenant,  as  if  he  nad 
confessed  those  things  which  he  then  called 
lies,  tn  hopes  of  saving  his  own  Hie  by  it,  or  in 
to  him  that  he  might  not  he  pardoned: 


and  all  I  could  say  could  not  change  his  mind 
in  that.  I  told  hmi  it  was  in  vain  for  him  t6 
dream  of  a  pardon,  for  I  assured  him  if  any 
kept  him  up  with  the  hopes  of  it,  they  deceived 
hira.  He  had  two  opinions  that  were  as  I 
thought  hurtful  to  him;  the  one  was,  That  it 
was  enough  if  he  confessed  his  sin  to  God,  and 
that  he  was  not  bound  tb  make  any  other  con  • 
ftasioD  ;  and  he  thought  it  was  a  piece  of  po- 
pery toprsss  him  to  confess.  He  had  another 
oddopimoB  also  of  the  next  state :  he  thought 
the  damned  were  only  excluded  from  the  pre- 
sence of  €fod,  and  c^ndured  no  other  misery, 
but  that  -of  seeing  odiers  happier  than  them- 
irives :  and  was  unwillin|^  to  let  me  enter  into 
much  discoarse  with  him  for  undeceiving  him : 
He  said  it  was  his  own  aflfair,  and  he  desured  to 
be  left  to  himself;  but  he  snake  with  great  as^ 
of  Ciod's  mercy  to  hink. 
I  left  him  when  I  saw  that  nothing  I  could 
?had  any  good  effect  on  him,  and  resolved 
talttve  gone  no  more  to  hira ;  but  when  J  un- 
denfeood  by  the  German  minister,  and  by  the 
meaBas:e  which  I  heard  defiv^ed  in  his  name 
to  the  lieutenant  smd  the  Polander,  the  ni^ht 
before  his  execution^  that  he  ^vas  in  anotner 
temper  than  when  I  saw  him  last,  I  wetft  to 
him ;  he  recdved  me  more  kindly  than  for- 
merly :  mnat  of  his  discourse  was  concerning 
hb  going  to'  the  place  of  execution,  desiring 
that  it  might  be  in  a  coach  and  not  in  a  cart : 
and  when  I  prayed  him  to  think  of  that  which 
eoaoemed  him  more,  he  spake  with  great  as- 
fonmce  that  it  was  already  done,  that  lie  knew 
€od  had  forgiven  him ;  and  when  I  wished 
him  to  see  that  he  mic;ht  not  deceive  himself, 
nd  that  his  hope  might  not  be  01-grounded, 
be  taid  it  was  not  hope  but  certainty,  for  he 
tras^suro  God  was  reconciled  to  him  through 
Clinst  When  I  spake  to  hhn  of  confessino^ 
^  in,  he  said  he  had  written  it,  and  it  ivould 


» be  published  to  all  Europe,  but  he  did  n0t  say 
a  word  concerning  it  to  me ;  so  I  left  him,  and 
saw  htm  no  more  till  I  met  him  at  the  place  of 
execution :  When  he  saw  me,  be  smiled  on 
me,  ahd  whereas  I  had  sometimes  warned  hiiii 
of  the  danger  of  affecting  to  be  a  coftnterfeit 
bravo,  (jiux  brave)  he  said  to  me  before  I 
spake  to  him,  That  I  should  see  it  was  not  a 
false  bmrery,  but  that  h^  was  fearless  to  tha 
last.  I  wished  him  to  confiidcr  well  upon  what 
he  grounded  his  coniidenoe:  he  said,  -he  waA 
sure  he  was  now  to  be  received  into  Heaven  i 
and  that  his  sins  were  forgiven  him.  I  asked 
him  if  he  had  any  thin^  to  say  tp  the  people, 
he  said  no.  Af^er  he  had  winspeted  a  short 
word  to  a  centleman,  he  was  wdling  the  ropi 
should  be  tied  to  the  gibbeti  He  called  for  the 
German  minister,  hot  the  troud  was  such  that 
it  was  not  possiMe  for'  hiift  to  come  near.  80 
he  desired  me  to  pray  with  him  in  French,  but 
1  told  him  I  could  not  venture  to  pray  in  thai 
language,  but  since  he  understood  EfngUsh,  I 
would  pray  in  English.  I  observed  he  b^d 
some  touches  in  bis  mind,  when  I  offered  up 
that  petition,  that  ftyr  the  safee>  of  the  blood  of 
Christ,  the  innocent  blood  shed  in  that  plact 
might  be  forgiven  $  and  that  the  cry  ot  th6» 
one  fbr  mercy  might  prevail  over  the  cry  of 
the  other  for  justice :  at  these  Words  he  lookedi 
up  to  Heaven  with  the  greatest  sense  that  1 
had  at  any  time  observ^  in  him.  After  I 
prayed,  he  said  nothing,  but  that  he  was  now 
going  to  be  happy  with  God,  so  I  left  him. 
He  continued  in  his  undaunted  manner,  look- 
ing up  oftai  to  Heaven,  and  sometimes  round 
about  him  tn  the  spectators:  after  they  had 
stood  about  a  quarter  of  an  hour  under  the  gib- 
bet, they  were  asked  when  they  would  give 
the  signal  for  their  being  turned  off,  they  an- 
swerer that  they  were  ready,  and  that  the  cart 
migfht  be  driven  avray  when  it  pleased  tha 
sheriff  to  order  it ;  so  a  tittle  while  after  it 
was  driven  away,  and  thiis  they  all  ended 
their  lives.  It  is  possible  that  conversing  in 
Fnench,  as  we  did,  some  small  mistakes  mT^ 
have  been  made,  either  by  them  in  expressmg 
themselves,  or  by  me  in  not  understanding 
them  right :  but  1  am  sure  they  could  not  m 
material;  for  I  took  care  to  mnle  them  repeat 
what  fhey  said  that  was  of  any  importance 
often,  and  in  different  words ;  so  that  any  er-* 
rors  that  may  have  been  committed  are  incon- 
sidl^rable.  G.  BuiInet, 

March  11,  1682. 


Dr.  Hobneck's  Account  of  tpbat  himtelf  oh^ 
served  in  the  carriage  of  tke  late  Fri» 
umeru 

THE  Lieutenant  and  Polonian,  the  authors  of 
the  following  papers,  having  acquainted  ma 
•with  their  intent  to  have  them  published  to  tha 
!  world,  to  testify  the  sincerity  of  their  repent- 
ance :  I  was  vety  vrilling,  at  the  desire  of  Dr. 
Burnet,  with  whom  they  intnufted  them,  to 
be  instrumental  m  the  translation,  and  to  taka 
this  opportunity  to  give  my  aentunent  of 


95]     STATE  TRIALS,  54  Charles  11.  i6d2.— 7Ks/  oj  Obtml  C^rngmatk      [90 

readier  to  confess  his  §^1,  than  1  to  exhort 
bim  to  a  free  confession ;  several  things  he  bad 
said  to  Dr.  Bum^  be  ex|Hre»ed  now  to  me^ 
Adding  that  it  was  Clod's  just  jadraient  upon 
bim  to  let  him  fall  thns :  for  when  ne  consented 
to  engage  with  the  captain  in  the  fatal  enter- 
prisBe,  he  had  not  said  hb  prayers,  nor  read  in 
bis  beloyed  book^  '  Dilheren's  Way  to  Eternal 
Happineas,*  in  a  month  before;    which  two 
things  if  he  had  oontinned  to  do  with  that  de- 
motion he  used  formerly,  the  Devil  could  not* 
and  should  not  have  persuaded  him  td  com* 
into  such  a  desperate  confederacy.     I  advised 
him  to  repeat  Psalm  51,  oflen,  as  heinff  moat 
suitable  to  his  condition ;  and  directed  him  to 
other  prayers  in  a  book,  which  the  Lutheran 
minister  nad  lent  bim.    He  now  told  me  how 
he  was  concerned  for  the  captain,  and  cried 
out,  Ob !  this  hard-hearted  captain,  I  pray  for 
him  day  and  nig[ht,  that  God  would  turn  his 
heart  and  mdt  him,  and  make  him  sensible  of 
the  errors  of  his  ways.    He  pntfessed  that  ho 
did  not  desire  to  live ;  all  the  favour  he  begged 
of  the  king,  was,  that  he  would  cause  him  to- 
be  beheadra,  for  the  reasons  mentiotied  in  the 
preceding  papers.    Yet  he  hoped  his  fall  was 
permitted  by  Almighty  God,  to  bring  him  to  a 
true  sense  not  only  of  this,  but  of  all  hia  other 
sms ;  and  that  God  suffered  him  thus  to  be 
thrown  down,  that  through  ^at  toss  he  might 
rebound  the  higher.    And  that  though  he  had 
walked  in  the  dark,  yet  he  doubted  not  but 
God  would  draw  light  from  that  darkness.  Ho 
protested  at  that  time  upon  my  expoetulations 
with  him,  that  it  was  not  apmoa^ing  death, 
and  the  punishment  that  was  luLe  to  attend  him 
in  this  world  that  moved  him  to  repentancCt 
but  the  blackness  of  the  crime,  and  his  of- 
fending a  gracious  God,  and  fi^rgetting  hia 
dear  Redeemer's  precepts.  And  here  he  broke 
fordi  into  holy  ejaculations  fit  for  a  Christian 
and  a  true  penitent.    And  when  among  other 
passages  I  minded  bim,  that  it  would  not  bo 
lon^  before  he  would  come  to  his  trial,  and  so 
to  bis  execution :  He  cheerfully  replied,  That 
he  was  ready  to  obey  God's  summons.    And 
whereas  I  told  him  it  would  be  within  a  few 


behaviour  of  the  respective  prisoners.  The 
first  time  the  doctor  and  mvself  went  to  visit 
them,  we  saw  no  sense  of  tne  crime  in  any  of 
them,  but  the  Polonian,  who  professed  his  sor- 
row, and  gave  me  a  large  account  of  bis  con- 
dition, and  how  he  came  to  be  drawn  into  the 
barbarous  murder,  by  the  captain :  adding,  4<^t 
whatever  the  captam  might  say  in  his  own 
vhidication,  that  it  was  mrougfa  his  servants 
mistake  that  the  fact  was  done ;  if  he  had  a 
thousand  lives,  he  would  venture  them  all  for 
this  truth,  that  the  captain  did  peremptorily 
bid  him  fire  upon  the  coadi,  and  kili  the  gen- 
tleman that  was  in  it.  And  that  be  was  so  far 
from  mistaking  his  conunand,  that  afUr  rea- 
soning with  him  about  the  Larbarouancss  of  the 

'  deed,  the  captain  iMd  him  not  trouble  hunself 
about  'that)  but  do  what  he  waa  commanded. 
The  lieutenant,  when  I  told  him  that  aocording 
to  our  laws,  men  present  at  a  murder  com- 
mitted were  liable  to  the  same  penalty  with  the 
actors:  Replied,  If  that  be  your  law,  I  have 
nothing  to  say  against  it  A^  at  that  time  he 
seemed  to  have  no  great  remorse,  which  made 
us  leave  him  afier  some  eadiortations  to  re- 
pentance, and  conaideratkm  of  his  ways. 

The  captain  at  the  same  time,  hard  as  flint, 
entertaineid  us  with  a  discourse  of  his  resolu- 
tions to  believe  himself  innocent,  to  defy  death, 
and  to  &iicy  that  if  his  judges  would  be  im- 
partial, tliey  could  not  bfaune  or  condemn  him. 
8o  we  left  him.  The  second  visit  I  made  them, 
was  in  a  f^w  days  afler,  when  the  lieotenant 
sent  for  me:  and  beinff  then  to  pass  by  the 
captain's  chamber,  I  thought  fit  to  call  upon 
him,  before  I  saw  the  other,  and  here  repeat- 
ing my  former  counsels  to  him,  and  putting 
him  in  mind  of  the  all  -seeing  eye  above,  who 
knew  his  crimes,  though  he  did  conceal  them 

«  from  man ;  he  was  pleased  to  tell  me,  that  he 
had  fiur  other  apprehensions  of  God  than  I  had, 
and  was  confident  God  would  consider  a  gen- 
tleman, and  deal  with  him  suitably  to  the  con- 
dition and  profession  he  had  placea  him  in,  and 
would  not  take  it  ill  if  a  soldier  who  Kved  by 
his  sword,  revenged  the  aifront  offered  to  bim 
by  another.  I  replied,  that  there  was  but  one 
way  U>  eternal  happiness,  and  that  God  in  his 
laws  had  made  no  exception  for  any  sorts  or 
degrees  of  men ;  and  oonseqaently  revenge  in 
a  j^ntleman  was  a  sin,  God  wimla  not  pardon 
without  true  repentance  any  more  than  he 
would  forgive  it  m  a  peasant  He  asking  me 
hereupon,  What  repentance  was  P  I  told  taim 
it  was,  so  to  hate  the  sin  we  bad  done,  that  for 
the  future  no  arjj^ument  should  prevail  with  us 
to  commit  it  a^n.  To  which  be  said,  HThat 
if  he  were  to  live,  he  should  not  forbear  to  give 
any  one  as  ^ood  as  he  brings:  vrith  some 
otber  expressions,  which  I  am  kith  to  i«peat, 
for  they  made  me  so  meUncholic,  that  l  was 
forced  to  leave  him.  Yet  I  bid  him  consider 
Qf  what  be  had  said,  as  he  loved  his  own  soul. 
I  went  from  thence  to  the  lieutenant,  in 
whom  I  foimd  a  very  great  alteration,  and  saw 
now  several  good  boolu,  and  the  Biblaamang 
fit  rest  lying  baforo  him,  and  he  now  was 


^ 


days :  He  said,  he  should  be  content  if  it  were 
within  a  few  hours.  He  then  shewed  me  the 
places  in  the  little  book,  he  had  by  him,  *•  The 
*  Way  to  Eternal  Happiness,'  which  gave  him 
the  greatest  comfort,  and  prescribed  lim  most 
excellent  directions.  The  book  treated  of  the 
nature  of  a  true  Repentance,  of  Conifesaion  to 
the  Ministers  of  the  Gospel,  of  the  Lord's- 
Sufper,  and  the  Rules  of  a  Christian  Life ;  to 
which  are  added  several  meditations  proper  for 
Festivab,  prayers  suited  to  all  conditions ;  and 
a  very  pathetic  Sermon  on  the  Passion  of 
Christ ;  all  which  he  said  were  a  g^reat  sup- 
port to  him  in  his  present  condition,  which  no 
deplored  chiefiy,  because  he  had  made  so  bold 
with  God,  who  had  manifested  himself  to  him 
upon  many  occasions.  1  asked  him  whether 
he  had  bc&en  seduced  by  the  Count  or  by  the 
Ci^ktain?  To  which  heanswered.  That  ho  had 
beoi  in  the  Cgunt's  company  twice,  but  th«i 

4 


ff]         STATE  TIBIALS,  34  CiiAitLES  ||.  iS^a.-^andotier^Jcr  Murder.         [9^ 


ctptiio  wodU  not  let  him  know  that  it  was  the 
€9ttpt,  jet  he  belieyed  it  was  ^,  having  for- 
nedy  seen  him,  and  tliat  the  captaio  ^till  told 
him  th»t  he  had  a  quarrel  with  sach  a  ^ntle- 


I  wiM  from  thence  to  the  Poloniao,  whom 
I  found  engaged  in  reading  a  German  booV» 
canr^ifMng  prayers  and  devotjoqa,  fit  for  a  pe- 
uteot.  which  he  told  me  he  was  repeating  tp 
iumsdf  day  and  night.  I  gav^  bim  such  heads 
flfcontemplatiMi,  as  I  thou£^ht  proper  for  his 
eooditicMi  and  capacity,  exhorted  Lim  to  re- 
eoileel  himself,  aind  to  find  out  wba^  other  siDs 
he  had  formerly  lived  in,  it  heing  not  sufficient 
to  de|dore  ODe>  but  all  he  could  remember  upon 
aoKKis  examination,  which  he  promised  me  to 
4a,  and  so  I  departed. 

Hie  last  time  I  was  with  them  5vas  on  the 
8A  ofMaoch,  pnd  while  Dr.  Burnet  Ment  to 
the  lieutenant,  I  visited  the  captain;  wliom 
when  I  had  saluted,  T  to)d  him  I  hoped  he 
had  taken  his  dangerous  condition  into  con  si- 
dentioo,  and  wroii^^ht  himself  into  a  ^-eater 
afnse  of  his  sins  than  I  could  oI>serve  in  him 
when  1  was  last  with  bim.  He  said  h^  knew 
not  what  I  meant  by  this  address.  I  then  ex- 
pbined  m^sjdf,  gave  him  ti>  understand  tliat  I 
fl^ke  it  with  reution  to  tlie  laie  great  sin  he 
had  been  engaged  in,  and  that  £  hoped  his 
approaching  death  had  made  bim  more  peui- 
teot  than  I  nad  found  him  the  other  day.  To 
which  he  replied.  That  he  was  sensible  he  was 
a  (freat  ainner,  and  had  cominittrU  divers  enor- 
juliea  in  his  lifetime,  of  \ih\ch  be  truly  re- 
peDied,  and  was  confident  tliat  GoJ  had  par- 
doned him,  but  he  5:ould  not  wcH  understand 
the  humour  of  our  English  divines,  who  press- 
ed him  to  make  particular  declarations  of  thint^s 
diey  bad  a  mina  he  should  say,  though  ocyer 
80  nlse,  or  contrary  to  truth ;  and  at  this  he 
said  be  woqdered  the  more,  because  in  our 
church  we  were  not  for  Auricular  Confession. 
He  guessed  indeed,  he  said,  what  it  was  wc 
womd  have  liim  declare,  viz.  lliat  count  Co- 
ningsmark  had  been  the  contriver  of  the 
murder,  and  had  been  in  consultation  with  him 
about  compajsing  his  design,  and  prompted 
and  bribed  him  for  that  end,  which  falshood 
be  would  never  be  guilty  of,  if  he  hnd  never 
so  raany  lires  to  lose.  He  understood,  he  said. 
Hut  tnc  lieutenant  hail  been  tampered  with, 
and  by  promises  of  a  decent  burial  enticed  to 
ooofefs  things  notoriously  fidse ;  as  that  ho 
should  shew  the  said  lieutenaat  a  letter  signed 
by  count  Coningsinark,  to  engage  him  in  the 
business,  an^  offer  him  money  to  stab  Mr. 
Thynn,  (Jcc.  But  ^  for  his  part,  he  was  resolv- 
ed to  confess  no  more,  tlvin  he  bad  already 
declared  publicly  before  the  council. 

1  let  him  run  on,  andthen.told  liim,  that  he 
WIS  much  mistaken  in  the  ^vin^  of  the 
diurrh  of  England,  who  neither  used  to  reveal 
private  confessions,  nor  oblige  offenders  in  such 
esses  to  confess. things  contrary  to  truth  ;  that 
tbisiras  bodi  ag^i^^  their  practice  i^d  their 
principles;  the  confession  1  j^d  he  was  so 
Mtifien  exhorted  to,  was  no  pi^ivatebut  ;tpubji« 

TOL.  ix« 


poplessiop,  for  as  bis  ccjme  had  been  public, 
so  his  repentance  and  confession  ought  to  be 
public  too ;  ^hd  in  that  he  was  loth  to  come  to 
It,  he  gave  us  but  too  much  occasion  to  sus- 
pect, mat  his  oretended  i*epentance  was  not 
sincere  and  cordial ;  T  told  tiim  that  in  such 
wrongs  and  injuries,  as  he  had  done,  there  was 
either  restitution  or  satisfa^^tion  to  be  made :  at 
which  word  he  replying,  how  he  could  make 
restitution  now  Mr.  Thynn  was  dead  f  I  an- 
swered, because  he  coiud  not  make  restitution, 
that  therefoni  he  should  make  some  satisfac- 
tion, and  this  he  might  do  by  a  free  and  full 
confession  of  his  sin,  and  of  the  cause  of  it, 
and  who  they  wez-e  that  put  him  upon  it :  I 
added  that  where  true  repentance  melts  the 
heart,  after  such  commissions,  there  the  true 
penitent  was  readier  to  arouse  himself,  than 
othei-s  to  charge  him  wilh  the  crime,  and 
would  have  tliat  abhorrency  of  ilie  sin,  that  he 
would  conceal  nothing  that  servetl  either  to 
aggravate,  or  expose  it  to  the  haired  of  all 
mankind  ;  and  that  it  was  an  injustice  to  the 
pubhc,  not  to  betray  the  comjilices,  and  assist- 
ants, and  occasions  in  such  heinous  offences. 
I  told  him,  he  seemed  to  talk  too  high  for  a 
true  penitent,  for  those  tliat  were  truly  so, 
were  exceeding  humble,  not  only  to  (lod,  but 
to  men  tqo ;  and  one  part  of  their  huinilitv  to 
men  was,  to  confess  to  them,  aud  to  tfieir 
relations,  the  wrong  they  had  done  them: 
Whereupon  he  answered,  tliat  it  was  enough 
for  him  to  be  humble  to  God ;  but  he  knew  of 
no  humility  he  owed  to  man,  aud  God  he 
believeS  had  a  greater  favour  for  gentlemen, 
than  to  reouire  all  these  punctilios  at  their 
hands ;  ancl  that  it  was  absurd  to  think,  that 
so  many  thousand  gentlemen  abroad  in  the 
world,  that  stood  upon  their  hpnour  and  repu- 
tation as  much  as  he,  should  he  damned' or  for 
ever  miserable,  because  they  cannot  stoop  to 
things  which  will  prejudice  and  spoil  the  figure 
they  make  in  the  World  :  As  for  his  part,  he 
saia,  he  believed  Christ's  blood  had  washed 
away  bis  sins  as  mcU as  other  mens,  for  on  this 
errand  he  came  into  the  world  to  save  sinnecs : 
He  was  indeed  sorry  Mr.  Thynn  was  dead, 
but  that  was  all  he  could  do.  I  told  him,  that 
Christ's  blood  was  actually  applied  to  none  bat 
the  true  penitent,  and  that  true  repentance 
must  discover  itself  in  meekness,  humility^ 
tenderheartedness,  compassion,  righteousness, 
making  inf^enTious  confessions,  and  so  far  as 
we  are  able,  satisfaction  too,  else  notwithstand- 
ing the  treasure  of  Christ's  blood  men  might 
drop  into  hell. 

Upon  this  he  replied,  that  he  feared  no  hell : 
I  answci*ed  possibly  he  might  believe  none ;  or 
if  he  did,  it  might  be  a  very  easy  one  of  his 
own  making.  He  said,  he  was  not  such  a  fool 
as  to  believe,  that  souls  could  fry  in  material 
fire ;  or  be  roasted  as  meat  on  a  great  hearth, 
or  in  a  kitchen,  pointing  to  the  chimney.  His 
belief  was,  that  the  punishment  of  the  damned 
consisted  in  a  deprivation  of  the  gracious  and 
beatific  presence  of  God,  upon  which  depriva- 
vation  there   arose  a  terror  and  ai^ish  'in 

H'      •       I  •  ^^     • 


59]     STATE  TRIALS,  34  CiiAnLES  IL  l682.— TntfZ  of  Count  Cmlngimark     [  I OO 


tlicir  souls,  because  they  had  missed  so  great 
a  happiness :  He  added,  that  |)0S8ibly  I  might 
think  him  to  be  an  atheist,  but  he  was  so  far 
irom  those  thoughts,  that  he  could  scarce  be- 
lieve, there  was  any  man  so  sottish  in  the  world 
as  not  to  believe  the  being  of  a  God,  gracious 
and  just,  and  generous  to  his  creatures :  nor 
could  any  man  that  was  not  either  mad  or 
drunk,  believe,  things  came  fortuitously;  or 
that  this  world  was  governed  by  chance.  I 
said,  that  this  trutli  I  approved  of,  and  was 
glad  to  see  him  so  well  settled  in  the  reasonable- 
ness of  that  principle :  And  as  for  material  fire 
in  the  other  world,  I  would  not  auarrel  with 
him  for  denying  it,  but  rather  hold  with  him, 
that  tlie  fire  and  brimstone  spoken  of  in  scrip- 
Idrre  were  but  emblems  of  those  inward  terrors 


be]onG[ed  not  unto  them  :  and  hereupon  he 
turned  away  from  me  aguia  to  the  book,  that 
lay  upon  the  table. 

By  and  by  the  iietitenant  came  in  with  a 
penitent  countenance,  and  a  mortified  lo^k : 
the  captain  seeing  him,  g^rew  presently  cho- 
ice, and  retired  into  a  comer  of  the  room,  and 
then  asked  him,  what  he  came  to  trouble  him 
for  ?  he  did  not  care  for  the  sight  of  him,  es- 
pecially since  he  had  bespattered  him  so  noto- 
riously with  untruths.  The  lieutenant  rery 
meekly  told  himi  that  they  had  not  long  to  lire, 
and  therefore  he  was  come  to  admonish  him 
to  repent  of  what  he  had  done,  and  to  tell  him, 
that  he  freely  forgave  him  the  wrong*  he  had 
done  him,  by  drawing  him  into  the  late  un- 
happy action :  the  captain  hereupon  called  him 


which  would  gnaw  and  tear  the  conscience  of   lyar,  and  asked  him  how'  he  durst  vent  such 


unpemtent  sinners,  but  still  this  was  a  greater 
punishment  than  material  fire,  and  ^his  pu- 
nishment he  had  reason  to  fear,  if  he  could 
Bot  make  it  out  to  me  or  other  men,  that  his 
repentance  was  sincere. 

Hereupon  he  grew  sullen,  and  some  good 
books  lyibg  upon  the  table,  one  of  which  was, 
Amts  true  Christiatiitv,  he  turned  away  from 
me  and  seemed  to  read  in  it,  and  after  a  short 
j»use  he  told  me^  That  he  understood  the  lieu- 
tenant's  paoers  i^ere  to  be  printed,  wherein 

.  there  would  be  part  of  count  Coningsmark's 
letter,  with  some  other  circumstances  reflect- 

•  ing  on  the  count  and  himself;  but  if  they 
Were  printed,  he  would  print  his  own  story  too, 
which  should  undeceive  the  world  in  the  &n- 
cies  and  opinions,  the  lieutenant's  papers  should 
draw  them  into ;  and  in  that  paper  he  would 
set  forth  the  behaviour  and  manners  of  the 
English  clergy,  end  the  strange  ways  and 
methods,  the^  take  with  poor  prisoners  to 
extort  confessions  from  thetn.  As  for  the  lieu- 
tenant, he  said,  he  was  a  fellow  that  was  poor 
and  wretched,  and  by  his  means  kept  U-om 
starving,  and  sometimes  he  was  not  well  in  his 
wits :  that  himself  was  a  gentleman,  and   a 

'  jnan  of  an  estate,  and  should  leave  great  sums 
of  money  behind  bun,  and  that  no*  English 
gentleman  would  have  been  so  coarsely  used  in 
bis  country,  meaning  Pomerania,  as  he  hath 
been  in  this;  and  if  the  lieutenant  persisted  in 
his  falsities,  he  would  die  witli  a  lie  in  his 
mouth.  I  said,  it  was  not  probable  that  a 
dying  man,^  and  a  man  that  was  so  very  sen- 
Rible  of  liis  sins,  and  who  had  betrayed  nothing 
of  any  disorder  in  his  carriage  during  his  im- 
iirisonmrnt,  should  tell  and  aver  tiling,  which 
ke  knew  to  be  untrue:  he  said,  it  %v as  no 
strange  thing  in  England  for  dying  nven  to 
speak  notorious  untrutlis,  tlierc  beinff  not  a  few 
examples  of  those  who  had  lately  done  so :  1 
told  him,  it  would  l)c  very  fit  tlmt  the  lieute- 
nant and  he  should  speak  together,  and  cap- 
lain  Iticlianlson,  I  thought,  woidd  send  him 
presently  :  w ith  that  he  grew  anapv,  and  re- 
ttlied,  he  had  nothing  to -say  to  him,  nor  did 
he  care  for  sec'mg  him,  nor  for  being  troubled 
with  any  EngUsb  divines  ;  they  being  nien 

'  IDO  inquisitive  and  meddling  with  thiogs  that 


aoominable  lies  concerning  him  and  count  Co* 
ningsmark;  how  he  could  hare  the  confidenoO 
to  tell  men,  that  he  shewed  him  a  letter  of  the 
count's,  in  order  to  engage  him  ;  and  of  400/. 
that  he  should  offer  him  to  stab  Mr.  Thynn. 
and  talk  sometimes  of  400  and  sometimes  or 
200/.  which  was  a  perfect  contradiction ;  and 
if,  saith  he,  I  had>  been  so  base  6t  foolish  as  to 
make  you  such  an  offer,  you  that  were  the 
elder  man,  and  may  be  supposed  to  have  had 
more  wit  than  myself,  why  did  not  you  chide 
and  reprove  me  tor  tempting  you  to  such  dig* 
honesty  ?  one  would  think  you  are  distracted, 
or  had  a  soft  place  in  your  head  ;  is  this  youi 

gratitude  to  a  person  that  had  relieved  you,  and 
one  you  kindnesses,  and  are  you  not  afraid  to 
die  with  a  lye  in  your  mouth  ?'  Here  I  inters 
posed  and  told  the  captain,  that  this  wrath  and 
anger  was  but  an  ill  prepai-atiop  for  anotbef 
world,  and  that  greater  meekness  and  charity 
would  become  a  dying  mad :   to  Ihis  he  an- 
swered. It  is  you  divines  that  are  the  causei 
of  this  passion,  by  obliging  people  to  confess 
more  than  is  true.  Tlielieutenant  all  this  whiki 
heard  the  captain  very  patiently;    professed 
that  this  was  the  first  time  that  he  was  called 
liar  to  his  face,  and  that  which  fbrmeriy  be 
could  not  have  endured  from  the  greatest  man, 
he  was  very  willing  to  bear  now  out  of  respect 
to  that  God,  from  whom  he  expected  pardon 
of  his  sins.    And  as  for  what  he  had  said  and 
confessed  to  other  men,  he  took  God  to  wit- 
ness, that  it   was  nothing   but  truth  ;    and 
though  it  was  possible  in  his  confessions  he 
might  mistake  pounds  for  dollars,  that  being 
the  wonl  commonly  used  in  telling  the  money 
in  England,  as  dollars  is  in  Germany,  yet  he 
meant  nothing  by  it  but  dollars ;  and  what  he 
had  said  of  the  mfferent  sums,  was  very  true ;  ' 
for  at  one  time  he  had  offered  him  200,  at  and* 
ther  400,  so  that  could  be  no  contradictioh. 
The  captain,  notwithstandmg  this,  still  called 
him  liar,  and  ungrateful :  while  the  lieutenant 
stood  before  him  talking  with  great  meekness 
and  humility,  and  for  the  most  part  with  his 
hat  off,  and  saying  to  him  :   You  know,  and 
your  conscience  knows,  the  truth  of  these 
things,  why  would  ye  offer  me  these  sums  ? 
you  know  you  made  me  these  offers ;  (M 


101]      STAT£  TRIALS^  94  CiCABLBS  1 

fcigiTe  joQ,  and  I  fbrgriTe  yov.    This  said, 
*lien  die  Seuteiiaiit  saw,  thai  his  speaking 
£d  but  eprage  him  more,  he  took  his  leave, 
visbiii|r  him  a  si^ht  of  the  error  of  his  wa^. 
The  fieuteaant  being  gone,  I  stayed,  hopmg 
this  religious  confidence  of  the  Keutenant  mt^ifht 
wprk  the  captain  into  remorse,  but  it  was  all  in 
vain :    I  persisted  in   my  fbrmer  assertions, 
that  repentance  eouU  not  be  true,  wliich  was 
Mt  attended  with  meekness,  hnmility  and  pa- 
lieaee;  but  he  taming  from  me,  and  bolung 
into  his  book,  and  recusing  to  give  me  an  an- 
swer, 1  left  him  too,  wishing  him  a  better  mind. 
*  From  thenoe  I  went  up  to  the  penitent  lieu- 
tenant, where  I  found  the  Polonian  too.    I 
told  the  lieutenant,  I  was  heartily  glad  to  see 
Us  Chnstian  behaviour  under  reproaches,  and 
Bo&ing  pleased  me  more  in  matters  of  repen- 
tance, tban  humility  and  patience  under  inju- 
ries, a  tiling  absolutely  necessary  where  we 
have  to  deal  with  God,  who  hath  been  for  many 
years   patient  under  the  injuries,    we   have 
olfered  to  his  majesty.    He  then  vented  some 
comfortoble  ejaculations,  and  expressed  bow 
freely  he  forgave  that  stubborn  man,  whom  no 
entres^es  or  arguments   could    work  upon. 
And  while  Dr.  Burnet  went  with  the  lieute- 
nant to  the  fireside,!  entered  into  discourse 
with  the  Pblonian,  who  gave  me  his  confession 
in  h^  Dutoh,  written  fiom  his  own  raoutb  by 
.the  heutenant,  and  signed  by  him  the  Polonian. 
I  asked  him  whether  as  he  hoped  for  mercy  of 
the  great  God,  he  believed  the  things  said  in 
that  confession  to  be  true  or  no  ?  He  answered 
jes :  whereupon  to  be  fully  satisfied,  I  desired 
a  German  gentleman  then  present  to  read  it 
over  agam  in  his  and  my  hearing,  and  to  read 
it  distinctly,  that  in  case  there  were  any  mis- 
takes in  it,  he  might  rectify  it ;  for  as  I  was 
wiOing,  I  said  he  should  clear  himself,  so  I 
shookf  be  sorry,  he   should  asperse  another 
man,  or  say  any  thing  of  him,  that  might  un- 
joRtly  reflect  upon  his  reputation  :  he  promised 
me,  that  he  would  attend  carefully,  and  take 
notice  of  every  expression,  wlilch  accordingly 
he  did ;  and  finding  a  mistake  in  the  paper  in 
point  of  time,  he  immediately  gave  notice  of  it, 
which  I  caused  to  be  rectified ;  and  having 
heard  it  read  over  before  him,  I  cbarg^  him 
once  more,  as  he  was  to  give  an  account  to 
God  in  a  day  or  two,  to  tell  me,  whether  things 
were  carried  on  and  managed  in  those  circum- 
stances, as  are  mentioned  in  the  paper  P  To 
which  he  religiously  answered  in  the  affirma- 
tive.   I  asked  him  thereupon,  how  long  he  had 
been  a  Protestant  oftheAu^burg  confession, 
for  he  bad  been  bred  a  Papist  ?  To  which  he 
answered,  ever  since  his  last  sickness  :  which 
as  I  remember  he  said,  was  about  Michaelmas 
hst ;  when  being  told,  that  the  Protestaat  re- 
ligion was  more  conformable  to  the  word  of 
C^,  be  consented  to  embrace  it,  and  hath  kept 
Is  it  aver  since.     I  demanded  of  him  to  tell  me 
iaiondy,  whether  he  had  not  led  a  very  de- 
-  bocbed  life  formerly,  which  made  hliii  ven- 
lnre  upon  that  late  mhuman  entcrprize  ?  He 
MjDeno^  and  that  he  had  been  sofiurirom 


i 


ooramitting  any  such  crime  hereto(bre«  that  he 
bad  had  the  good  fortune  to  live  with  inaster^, 
who  were  soto:,  and  men  that  were  enemies  to 
disordei*  and  debauchery  ;   that  according  to 
his  capacity,  he  had  always  m^e  conscience  of 
grosser  sins,  and  had  been  very  punctual  in 
saying  those  prayers  he  had  been  taught,  eitlier 
by  his  parents,  or  such  persons  as  he  conversed 
with ;  and  that  captain  Vratz  when  he  bid  him 
shoot  31r.  Thy  no,  told  him,  tliat  it  was  here  as 
it  was  iu  Poland,  >vhere  the  servant  that  dotb 
his  master's  command  iu  such  cases,  is  blame- 
less, and  the  roaster  bears  all  the  burtbeo  ;  and 
that  prevailed  with  him,  though  he  found  no 
small  reluctancy  in  his  breast,  and  pleaded  with 
the  captain  about  jthe  beiuousness  of  shedding 
innocent  blood.     I  then  endeavoured  to  find 
out  what  kind  of  repentance  he  felt  In  himself, 
whether  it  proceeded  from  fear  of  a  shamef  ul 
death,  or  from  an  hatred  of  nin  and  love  to 
God  ;  whereu{K>n  he  gave  me  such  an  account 
as  his  honest  simplicity  dictated  to  him,  and 
said,  that  if  he  were  to  live  any  longer  iu  this 
world,  he  verily  thought  tliis  one  sin  would 
keep  his  soul  so  awake  for  the  future,  that  it 
would  not  be  an  easy  matter  to  make  him  act 
a^aiu  against  his  conscience  :  this  had  rouzed 
him,  and  he  now  perceived  the  sweetness  of  a 
good  life,  and  keeping  close  to  the  ways*  of 
God.     He  was  sensible  he  bad  deserved  the 
punishment,  the  law  would  inflict  upon  him  i 
and  all  his  confidence  was  in  the  blood  of  Jesus, 
who  knew  how  he  was  drawn  in,-  and  the 
plainness  of  ))is  temper  wrought  upon  by  the 
captain's  subtilty  :  however  he  freely  tbrgave 
him,  and  commended  his  soul  into  the  hands 
of  God.    And  here  ended  my  conference  with 
the  respective  prisbners,  having  wished  them 
the  powerful  assistance  of  God's  holy  spirit,  I 
took  my  leave  of  them. '  Tlie  lieutenant,  whe 
in  repeated  words  expressed  his  honest  design 
in  having  the  following  paperr  published,  de- 
sired me  to  go  with  him  on  Friday  following 
to  the  place  of  execution,  there  to  te)l  the 
spectators,  what  he  should  think  fit  to  say  to 
them  :  I  told  him  I  would  very  readily  obll^ 
him  in  his  request,  but  that  1  was  bound  to 
preach  that  very  moniing,  and  that  very  hour, 
when  he  should  be  led  to  the  place  of  exe- 
cution ;  however  Dr.  Burnet,  who  had  been 
his  spiritual  father  all  along,  would  not  fail  to 
do  that  last  office  for  him,  in  which  he  rested 
satisfied,  and  with  all  humility,  and  in  a  peni- 
tent posture,  bid  us  adieu. 

In  the  translation  of  the  following  papers,  I 
could  not  be  curious  in  the  stile,  because  I  was 
forced  to  keep  to  the  simplicity  of  the  lieute- 
nant's expressions :  he  writ  not  to  shew  his 
learning  but  his  piety  ;  having  never  been 
brought  up  to  letters,  rhetoric  is  not  a  thing, 
that  can  be  expected  from  him.  Truth  sounds 
better  from  a  plain,  man  than  from  an  orator  ;' 
and  the  less  ornament  there  is  in  a  dying  per- 
sons discourse,  the  less  it  will  be  susjiectea  of 
hypocrisy.  The  expressions  usctl  here,  spe;^ 
his  heart  more  than  nis  fancy,  and  when  a  man 
is  preparing   for  a   tremendous  eternity,   it 


AtS]    STATE  tRiiALS,  34  CHAftLSik  tl.  i^^^.-^JMiti  ^  ClMd  t&nhigknH&k    ( 104 


Would  be  fbolish  to  study  eloqaence.  The 
^ords  here  are  not  chosen,  bat  flow  natnrtdly  } 
and  th^  hon^y  of  his  soul  dwells  in  the  fome- 
^pun  meditations.  To  have  affected  betto!  m- 
gimg-ethah  himself  used,  had  been  injusiljv^ ; 
and  to  8»av  in  English  what  he  had  not  said  in 
Ills  own  language,  had  not  been  to  translate, 
t>ut  to  polish  his  admonitions.  Such  a  plain 
harangue,  it  is  like,  may  be  nauseous  in  a  cri- 
tical age,  where  learning  and  wit  rides  in  tri- 
tinmh  ;  yet  a  soul  touched  with  the  same 
loadstone  that  bis  was  can  relish  the  siveet- 
tiessof  it:  himself  was  Vifraid,  that  the  sim- 
plicity of  the  language  would  be  an  offence  to 
She  curious  readers  ;  and  therefore  begs  of 
them,  when  they  came  to  peruse  it,  to  make 
greater  use  of  their  charity,  than  their  sa- 
gacity. 

The  same  I  must  say  of  the  Polonian^s  con- 
iession,  where  you  must  expect  no  better  en- 
tertainment, he  could  but  just  express  his 
ineantng,  and  was  no  greater  scholar  than 
taatnre  had  made  him. 

I  was  at  first  in  some  doubt  whether  1  should 
publish  the  captain's  answers  to  my  queries 
and  expostulations,  because  some  of  them 
savour  of  prophaneness :  yet  considering  that 
the  Erangelist  hath  thought  tit  to  acquaint 
the  world  with  the  ill  language  of  the  one,  as 
tvell  as  with  the  penitent  expressions  of  the 
t>ther  malefactor,  1  was  willing  lo  follow  that 
^eat  examnle  ;  hoping  that  ti;ose  loose  dis- 
courses of  the  man  may  serve  as  sea-marks,  to 
Warn  passengci*s  from  running  iiiMin  those 
tends.  That  which  1  chiefly  obsened  in  him 
"was,  that  honour  and  bravery  was  the  idol  he 
'adored,  a  piece  of  preposterous  devotion,  which 
lie  maintained  to  the  last,  as  if  he  thought  it 
Vrould  merit  praise,  not  to  recede  from  what  he 
liad  once  said,  though  it  was  with  the  loss  of 
'Ciod's  favour,  and  the  shipwreck  of  a  good 
conscience.  He  considered  God,  as  some  ge- 
nerous, yet  partial  prince,  who  would  regard 
mens  blood,  descent  and  quality  more  than 
tljeir  errors ;  and  give  vast  grains"  of  allowance 
to  their  breeding  and  education  ;  and'  (tossibly 
the  stout  behaviour  of  some  of  the  antieut 
'Roman  Bravos,  (for  he  had  read  history) 
might  roll  in  his  mind,  and  tempt  him  lo  write 
copies  af^er  those  originals ;  or  to  thhok,  that 
it  wasffreat  to  do  ill,  and  to  defend  it  to  the 
last,  nhether  after  my  last  conference  with 
liim  he  relented,  I  know  not ;  those  that  saw 
Jiim  ffo  to  his  execution,  observed  that  he 
looked  undaunted,  and  witJi  a  countenance  so 
*  steady,  that  it  seemed  to  speak  his  scorn,  not 
only  of  all  the  spectators  that  looked  ujwn  him, 
but  of  death  itself:  but  I  judge  not  of  the 
tlioutfhts  of  dying  men ;  those  the  Seareher  of 
all  Hearts  knows  best,  to  whom  men  stand  or 
fall.  I  cJ\hnot  say,  that  1  remember  every 
'By liable  of  the  several  confei^ences^  but  sure! 
am,  I  have  not  mistaken  the  sense  of  wliathe 
said,  nay  think  I  have  kept  to  the  very  words 
he  then  used,  as  much  as  is  possible.  I 
V^oiild  net  wrong  the  living,  mucit  less  the 
4^  9  but  truth  is  a  thing,  which  though  not 


iBtlwHyn  cdnvetkkAify,  j\Si  may  tawMlytifefakl 
at  all  titoes :  this  was  all  *I  ahnefl  it,  luri 
because  reports  are  already  spread  abroad  of 
other  diaoourdeb  and  exp^eaaions,  this  unhappj- 
man  should  use  to  me,  and  how  he  affiro&ted 
me  in  prison,  it  Was  fit  the  world  should  be  mt- 
deceived.  Anthony  Horneck. 

At  the  Savoy,  March  13,  1681. 

For  Dr.  Burnet. 

Sir ;  I  heartily  thank  you  fbr  all  yom  kind- 
hess ;  and  promise  myself,  that,  according  to  your 
word,  you  will  publish  my  little  writings,  m- 
tended  only  to  let  the  world  see,  that  I  came  not 
into  this  country  with  a  design  ofbeing  engajgfeA 
in  the  late  bUck  deed.  And  nnce  the  justioes 
have  not  declared  what  I  can  say  or  did  say 
for  myself,  the  rabble,  it  is  like,  wul  be  of  opi- 
bion  that  money  brought  me  over  into  thesfe 
parts :  In  which  verdict  they  will  be  unde- 
ceived, if  you  will  be  pleased  to  let  them  read 
in  English,  what  I  have  set  down  in  these 
papers.    I  remain.  Sir,*  your  obliged  servant^ 

John  Stern. 
Written  in  the  prison,  London,  1682. 


The  Lasi  MeditattotUj  Prapers^  and  Canfeitiam 
of  Lieutenant  Joun  Stern. 

^  Let  God  have  all  the  Glory,  and  umui 
acknowledge  bis  own  unwoftniness." 

T.  Seek  ye  first  God's  kingdom,  and  bik 
righteousness,  and  all  these  things  shall  bt 
added  unto  }0u,  Mat.  vi.  33.  1  said  in  my 
trouble,"!  'am  cast  out  from  thine  eyes,  notwith- 
standing' thou  didst  hear  the  voiceof  my  weep- 
ing, n'hen  I  cried  unto  thee,  thou  (hdst  s^ 
my  trouble,  and  didst  know  my  soul  in  adversity. 
Watch,  and  pray,  that  ye  enter  not  into  tempta- 
tion, fbr  the  devil,  like  a  roaring  Iion,walks  amut, 
seeking  whom  he  may  devour.  In  the  third 
bock  of  Moses  it  is  written,  Thou  shah  bear  no 
malice  to  any  of  the  children  of  thy  people : 
by  these '  are  meant  our  neighbours.  In  the 
first  book  of  Moses,  ch.  vi.  The  inclinations 
of  man,  are  ^aid  to  be  evil  from  his  youth  ;  but 
the  spirit  of  God  can  endure  no  such  malici- 
ousness. 

I  have  ))een  a  traveller  any  time  these  S5 
years,  and'have  pereeived  but  litUe  malice  iii 
my  heart ;  though  I  have  had  too  often  cause 
and  provocation,  yet  have  1  committed  all  to 
God,  as  the  sunreme  judge  of  all.  What  hath 
brought  noe  to  tnis  present  misfortune,  is  known 
to  God  alone  ;  yet  I  am  greatly  to  blame,  be- 
cause I  did  not  abandon  the  world,  lived  m 
carnal  Security,  and  minded  the  lusts  o(  the 
flesh,  more  than  God,  blessed  for  evermore ; 
for  which  I  am  heartily  penitent,  and  I  thank 
my  God  who  hath  brought  me  to  a  knowledge 
of^  myself,  and  given  me  his  mce,  to  come  to 
a  true  sorrow  for  my  manifbla  sins ;  if  I  have 
l>e€n  enticed,  or  tempted  by  any  person  to  this 
wickedness,  as  is  evident  1  have,  I  bag  of  God 
to  pardon  him,  for  Christ  his  sake,  and  I  desire 
all  persons,  that  shall  read  what  I  have  written 
here  during  my  imprisonmenti  tooonaider  of 


105]       STATE  TRIALS,  54  Chablbs  I1»  I^S^.    mulothen,fifr  Murder.       [LOtf 


%  wefiweily.  Letno  manrejiMce  «t  his  neigh- 
|wir*s  tniaiui  tunes ;  erery  Tnim'slttrt  honris  not 
wmeyei :  when  tou  we  a  prisoner  led  along, 
yrayloi  him,  ibr  the  same  nmy  happen  to  you ; 
Dttre  oompassion  on  your  neighbours,  and  God 
will  have  compassion  of  you.  Be  merdfol,  and 
God  will  be  merciful  to  yon.  I  sire  thee  thanks 
■w«el  Jesus  Christ,  Son  of  God,  that  thou  hast 

K'  ren  me  to  understand  so  much  out  of  thy 
ly  word  ;  give  me  constanoy  and  persever* 
mee,  that  I  may  obtain  tibe  satvation  of  my 
voqI.    Amen. 

IT.  God  saith,  ^  Man  help  thyself,  and  1 
wiU  help  thee :"  but  aias !  whfle  we  are  in 
^hisvailey  of  tears,  we  think  seldom,  or  not  at 
all,  oftbe  dirine  assistance ;  our  eyes  are  dark- 
ened, and  we  consider  little  besndes  the  lusts  of 
tiie  eyes,  and  the  lusts  of  the  flesh,  and  the 
pride  of  life,  of  which  Christ  himself  hath 
aonoetimes  complained,  when  men  have  for- 
Igotten  him :  happy  is  the  man  that  feels  true  re- 
)>entance  in  his  heart.  Lord  Jesu !  give  me  that 
«race,  who  am  the  chief  of  sinners.  God,  thou 
^asl  not  sent  thy  Son  into  the  world  to  condemn 
'kinnere,  but  to  save  them  ;  O,  save  tte  not  for 
my  sake,  but  upon  the  account  of  that  precious 
'Wood' which  was  shed  for  me  on  the  cross. 

in.  I  pniy  God,  nobody  may  be  scandalized 
at  what  I  write,  out  let  every  body  lay  to  heart 
"what  a  noor  sinner  writes  in  prison.  Ye  chil- 
dren oftbe  worid,  when  will  yon  bethink  your- 
selves, and  consider  the  things  which  belong 
to  your  peace,  but  it  is  hid  from  your  eves.  O 
may  it  not  continue  hid  from  yon  f  Keep 
close  to  the  word  of  God,  and  think  on  the 
woman's  seed,  which  was  to  bruise  the  ser- 
peBt|s  head  ;  be  vigilant,  and  pray,  that  ye  fall 
not  into  temptation  ;  think  often,  &at  your 
ains  are  an  abomination  to  God :  take  heed  you 
^ve  no  ill  example  to  young  children,  whidi 
if  yon  do.  your  account  wiH  1^  dreadftd. 

mV.  Jolm,  the  forerunner  of  our  Lord  Christ, 
wli^n  be  b^tm  his  ministry,  the  first  words  he 
"let  drop  from  his  mouth,  was  to  recommend 
repeirtuioe  unto  the  impenitent,  Mat.  iii.  and 
Mat  iv.  saving, "  Thekingilom  of  Heaven,  and 
the  day  olVraoe  is  come  to  you,  and  at  hand, 
and  God  oirers  you  pardon  of  sin,  and  etema) 
Vfe.'*  In  the  6tb  of  StUIark,  the  twelve  apbs- 
'des  went  out,  and  preached,  that  *'  men  sho^d 
repent;''  and  Acts  iii.  *<' Repent,  and  be  con- 
'rated,  that  your  sins  may  be  blotted  out. "  And 
Acta  14.  *<  What  mean  ye,  sirs,  we  preach  onto 
,yoo  the  Gospel,  that  ye  may  turn  to  God."  O 
my  dear  Lord  Jesos,  make  me  partaker  Df  this 
conversion,  fbr  thy  name's  sake !  Amen. 

V.  AfclB  xvii.  30.  "  Ye  men  of  Athens,  the 
times  of  ignorance  God  winked  at,  but  now  he 
oommaoda  aJl  men  every  where  to  repent" 
Adsxzvi.  30. "St.  Paul  shews  to  king  Agrippa, 
that  he  was  ther^re  called  from  Heaven  to  be 
aa  Apostle,  to  preach  repentance  both  to  Jews 
and  Gentiles.  Ye  Ithat  are  parents,  if  you 
have  children,  keep  them  close  to  the  fear 
of  God ;  teach  them  the  Creed,  and  the 
^Ten  Commandments ;  send  them  to  school, 
aadbmdthem  out  to  an  liooest  trade;  be  not 


aahamed  of  this,  it  is  better  than  an  idle  life,  or 
-Fceneh  galkintry,  dancing,  6cc.  Keep  your 
children  oot  of  bad  company,  whether  |bey  ha 
BOOS  or  daughters :  A  heathen  writes,  thai 
Evil  communication  corrupts  eood  mannersy 
which  myself  hath  had  very  sadexperience  of. 
Before  my  23  years  travel,  I  should  have 
learned  a  trade  ;  But  it  is  too  late  now.    God 

five  me  patience  in  all  my  sufferings.  I  hope 
y  the  help  of  God,  I  shall  ere  long  be  aepa* 
rated  from  the  world ;  for  it  is  my  greatest  de- 
sire and  comfort  to  dwell  with  God.    Amen. 

VI.  Gen.  iii.  God  saith,  **  In  the  sweat  of 
thy  brow  shalt  thou  eat  ikv  bread,  till  thou 
return  to  the  earth,  of  which  thou  art  taken.** 
Bsal.civ.  **  When  the  son  rises,  man  goea 
fbvih  to  his  labour ;"  but  not  to.such  labour  as 
the  Devil  suggests  and  tempts  men  to. 

VII.  John  xxi.  "  When  Peter  was  more 
conoetned  about  8t  John,  than  about  bimseify 
the  Lord  said.  What  is  that  to  thee !"  Luke 
vi,  It  is  said,  <<  Thou  h3rpocrite,  first  pull  oot 
the  beam  that  is  in  thine  own  eye,  and  then  thou 
shalt  take  demote  out  of  thy  brother's  eye  ;'* 
and  thus  it  is  with  us.  The  mote  in  our  bro- 
ther's eye  we  easily  spy ;  but  ure  regardless  of 
the  beam  in  our  own  eye.  • 

VfIL  Rom.xiv.  It  is  said,  <«  Who  ait  thou 
that  judgest  another  man's  servant;  he  stands 
or  mils  to  his  own  master;  he  shall  be  holden 
up,  for  God  is  aMeto  bold  him  up."  Preserve 
my  steps,  O  Lord,  that  my  foot  slip  not.  O 
Lord,  frv  thy  power,  strengthen  the  weakness 
of  my  flesh,  that  I  may  Sgltit  manliiUy,  and 
botii  m  life  and  death,  may  press  toward  thee*  - 
Amen. 

IX.  And  now  ye  fbat  are  governors  of  the 
world,  abstain  from  anger,  -exercise  justice, 
let  not  the  sword  grow  rusty  in  the  scabbard, 
though  you  b^n  with  mme  own  head;  let 
the  will  of  the  I^rd  lie  done.    Ye  princes,  and 
great  lords,  do  the  same;  have  an  eye  upon 
your  officers,  and  take  notice,  how  instead  elf 
doing  justice  to  the  widows  and  orphans,  diey 
go  w>ut  banqueting,  visiting  of  play-bouses, 
playing  and  hunting  ;  the  rest  I  will  not  name, 
for  fear  of  giving  scandal  to  the  younger  sort : 
see  that  none  of  them  take  bribes,  for  unjust 
bribing  cries  to  Heaven  for  vengeance.    By 
the  word    Governors,    1   understand   kings, 
princes,  viceroys,  lords  of  countries  and  pro* 
vincesin  Christendom  ;  colonels,  captains,  and 
whatever  tities  they  may  have ;  punish  none 
that  are  innocent,  rdease  rather  ten  that  are 
euiity,  than  condemn  one  innocent  man.    Ye  ' 
kings,  princes,  and  presidents,  let  nd  proud  and 
phantastic  dresses  be  allowed  of  iu  your  land ; 
ibrthroQgh  pride  the  angel  turned  devil.    Ye 
itithers  and  mothers,  oloath  your  children  de* 
cently  when  they  are  litjie  ;  when  thej'  grow 
big,  they  soon  become  bad  enoughs    iLet  no 
man  be  taxed  or  rated  above  his  ability ;  op- 
press  not  the  poor,  rather  help  him  to  bear  his 
bnrthen  as  much  as  it  is  possible. 

X.  Let  us  say,  out  of  Psal.  xyiii.  fS,  "  The 
Lord  myGod  turns  my  darkness  into  light."  In 
Geneab  we  read,  "  That  the  thoughts  of  man's 


107]    S1'AT£  THIALS,  54  Charlbs  IL  l6S2.-*7m/  of  Couni 


[IDS 


lieart  are  pvW  irom  lus  youth*"  The  spirit  of 
the  Lord  can  take  away  that  sinful  inclination  : 
I  will  sf  y  with  Da?id,  Fs.  bcxxi.  <*  Create  in  me 
4L  clean  heart,  O  God,  and  renew  a  right  spirit 
vithin  me ;  cast  me  not  away  from  thy  pre-> 
8ence,  and  take  not  thy  holy  spirit  from  me." 
Out  of  Psal.  cxT.  '*  O  Lord,  not  unto  us,  not 
unto  us,  but  unto  thy  name,  give  all  tlie  honour 
and  glory."  He  that  is  fallen  into  poverty,  let 
him  hope  in  God,  he  will  help  him.  I^.  1. 
God  himself  saith,  ''  Call  upon  me  in  the  time 
of  trouble,  and  1  will  deUver  thee,  and  thou 
shalt  praise  me."  My  strength  is  made  per- 
fect in  weakness,  for  Christ  is  good  and  gra- 
cious ;  and  because  ha  is  mercinil,  let  us  call 
vpou  him  ;  as  it  said^  Luke  xv.  ''  Father,  I 
J^aTe  sinned  against  Heaven,  and  before  thee, 
and  am  no  more  worthy  to  l>e  called  thy  son, 
make  me  as  one  of  thy  hired  servants." 

XI.  The  Apostle  St.  I'aul  mentions,  in  a 
certain  place,  how  a  man  may  have  all  things, 
and  yet  have  no  charity.  Cmist  also  exhorts 
us  to  love  one  another.  I  may  say  as  it  is  in 
die  song,  "  Love  is  quite  extinguished  among 
the  children  of  men."  Deut.  xxii.  *'  If  thou 
«ee  a  stranger's  ass,  or  ox,  go  astray,  thou 
sbalt  take  tuem  into  thy  house.  Levit.  xix. 
*<  Thou  shalt  bear  no  grudge  to  any  of  the 
children  of  thy  people,  which  have  provoked 
thee  to  anger.  Prov.  xxi.  '^  If  thine  enemy 
iiunger,  give  him  meat ;  if  he  thirst  give  him 
drink."  Alatt.  viii.  and  Lukevi.  *'  I  say  unto 
you  that  hear,  love  your  enemies,  bless  them 
that  curse  you,  do  good  to  them  that  hate  you, 
pray  for  them  that  persecute  you,  and  des- 
pitefully  use  3^ou,  that  ye  may  be  children  of 
.your  Father  which  is  in  Heaven,  who  is  good  to 
the  unthankful,  and  to  the  evil."  Think  of 
this,  ye  proud  vain-glorious,  and  wrathful  men, 
who  say.  Shall  I  yield  ^  I  am  much  better  than 
you.  Agree  witn  your  brother  quickly,  while 
you  are  yet  in  the  way  with  him.  When  you 
come  to  your  long  home,  you  will  be  weary, 
and  find  another  register  or  book  of  account 
before  you.  And  here  I  beg,  of  all  those  who 
aHall  read  these  lines,  if  in  any  thing  I  have 
"been  against  thcfm,  or  offended  them,  to  for- 
give me  for  Christ  his  sake. 

XII.  Eccles.  vi.. Solomon  saith,  "It  is  an 
evil  that  t  saw  under  the  Sun,  and  it  is  very 
common  among  men,  that  God  hath  g^ven  to 
£ome  men  riches  and  honour,  and  they  want  no- 
thing that  the  heart  desires."  By  such  So- 
lomon understands  lords,  and  governors  in  this 
world  :  Take  heed  of  pride,  and  voluptuous- 
ness, wrath  and  anger,  for  these  are  now  be- 
come very  common  ;  and  such  men  are  apt  to 
cry,  Am  not  I  a  lord  ?  Am  not  I  a  governor  P 
ICuig  David  was  veiy  nenitent.  £xod.  5. 
JPharaob  tells  Moses,  '*  Who  is  the  Lord,  whose 
voice  I  should  hear?"  But  notwithstanding  he 
must  sink  in  the  lied  Sea.  Take  heed,  the 
sea  of  sin  is  deeper  than  the  Western  Ocean  ; 
make  haste,  mULC  haste  to  get  into  Heaven's 
boat,  that  ye  may  set  into  the  ship  of  God. 

XIII.  Ye  proud,  who  is  there  among  you 
«iU  take  %  view  of  his  life  ?    This  Is  very  usual 


with  you  to  cry,  1  have  sent  my  tailor  iiilp 
France  to  bring  me  newest  modes  and  faahioiiSk 
Thou  hadst  better  have  gone  to  Jerusalem,  and 
considered  tlie  passion  of  Christ ;  and  much 
better  would  it  be  for  thee,  if  instead  of  volup* 
tuous  youngsters,  thou  hadst  some  grave  an- 
cient man  about  thee,  whether  seciuar  or  ec* 
clesiastical ;  but  such  men  must  be  fools  among' 
you.  Gen.  iii.  "  Wlien  Adam  and  Eve  out  of 
pride,  affected  to  be  like  God,  they  were  cast 
out  trom  the  presence  of '  God."  TbeSodo« 
mites  wore  proud,  £zek.  xvi.  49.  **  This  was 
the  sin  of  thy  sister  Sodom,  pride  and  idleness, 
and  fulness  of  bread." 

XIV.  Ye  oificers,  colonels,  and  great  men, 
how  do  you  live.^  When  a  country  minister 
dies,  to  whom  goes  the  parsonage  ?  to  him 
that  brin^  most  money.  Ye  ask  not.  Have 
you  studied  hard  ?  do  you  live  a  good  life  ? 
are  you  a  good  preacher  upon  trial  ?  only  the 
man  saith,  Here  is-  my  purse,  and  that's 
enough.  The  deceased  parson  hath  a  son,  it  is 
true,  that  is  a  scholar,  but  he  hath  no  money, 
or  he  is  too  young.  Tlie  widow  hath  divers 
children.  Thus  he  pleads  ;  and  is  not  this  a 
most  lamentable  thing  ?  Ye  generals  and  co- 
lonels, where  are.  your  camp  preachers  ?  I  do 
not  ask  you  about  quarter- masters,  belonging 
to  either  generals  or  res^iments,  those  you  do 
not  want,  for  they  fill  your  purses :  And 
what  religion  are  they  of  ?  why  of  this,  to 
take  all  they  can  get.  Who  knows  how  long 
it  will  last  ?  Sometimes  you  carry  your  camp- 
preachers,  or  army  chaplains,  in  your  pockets  ! 
O  how  do  you  rob  God  of  his  honour,  and  your 
neighbours  of  their  souls !  He  that  serves,  let 
him  serve  faithfully,  that  he  may  be  worthy  of 
his  salary.  He  that  hath  none,  needs  not  trou- 
ble himself  about  entering  into  service.  Ye 
generals,  colonels  and  commanders,  when  you 
are  in  your  march,  or  form  a  camp,  and  are 
either  liesiegine^,  or  besieged,  pray  remember 
to  exercise  brotherly  love  toward  tlie  meanest, 
as  well  as  the  ^eatest.  Ye  commissaries, 
where  is  the  provision  ye  are  to  make  for  the 
army  ?  Three  parts  of  it  are  in  your  pockets ; 
and  then  you  g^ve  the  general  a  present,  but 
the  poor  sheep  may  go  to  grass.  You  country- 
men (that's  the  word)  you  must  pay  ;  give 
w.hat  you  have,  and  the  rest  you  may  keep  ; 
such  a  great  man,  or  friend  of  the  genera], 
must  have  a  safeguard.  The  poor  widows  and 
orphans,  run  alMut  like  mazed  people,  with 
their  children  in  their  arms,  their  hair  dishe- 
veled, tears  running  down  their  cheeks  like 
pease  ;  and  you  sball  not  find  one  in  an  hua* 
dred  that  will  give  them  one  penny,  though 
you  great  ones  have,  may  be,  taken  possession 
of  their  cows,  calves,  and  sheep,  x  our  sol- 
diers in  their  march,  must  at  least  have  gifVa 
brought  them  :  Sometimes  the  money  is  drawn 
out  of  the  peoples  purses  by  dreadful  oaths* 
In  another  place,  you  let  the  poor  soldiers  lie, 
as  it  were,  on  a  neap,  and  plague  the  whole 
country ;  then  the  poor  must  run  to  the  ricb 
to  borrow  money  of  them  to  treat  and  enter- 
tain the  soldiera*    You  great  ones  bare  abuii« 


109]       STATE  TR|AL8, 34 Charles  fl.  iSSJ.—^iii  ^h£r$,f€r  Murder.       [1 10 

or  in  the  bcwpitals,  it  is  not  much .  When  they 
be^in  to  be  merry  at  their  feasts,  then  the  next 
discourse  is  about  their  incomes.  I  bare  a 
ship  at  sea,  saith  one,  so  much  I  ^t  by  this 
▼oyafvc.  Wretched  man !  thou  taikest  of  thy 
pAn,  bnt  dost  not  pray  to  God ;  thou  mindest 
thy  pleasure;  thou  d^est  with  the  great  ones 
in  the  country  i  sometimes  thou  §^oest  abroad 
thyself,  and  courtiers  do  cheat  thee ;  then  thou 
cursest  because  thou  canst  not  recover  it.  In  tra* 
veiling,  men  meet  with  variety  of  peoj>le.  ' 
Sometimes  thou  hast  an  old  mistress,  her  tnou 
ffoest  to  visit ;  am)  after  that  hast  the  confi- 
dence to  ask,  why  thy  ship  was  lost  at  sea  ? 
(He  that  hath  an  honest  wife,  let  him  mak« 
much  of  hcr^  for  she  is  a  rare  jewel).  Th« 
seamen,  when  they  come  to  shore  any  where, 
nothing  but  drinking  and  carousing  all  night 
will  serre  them,  and  the  glass  must  go  round, 
and  that  is  their  way  of  living ;  and  from  hence 
come  those  many  misfortunes  at  sea. 

XIX.  Ye  doctors  of  the  civil  laws,  proctors 
and  advocates,  it  is  needless  to  expound  any 
thing  to  yon  out  of  the  scripture,  you  are  bet*> 
terschokurs  than  I.  Psal.  x?i.  It  is  written, 
*<  I  have  set  the  Lord  always  before  me ;" 
This  is  worth  your  thinking  of;  for  there  may 
be  men  among  you  who  love  to  shear  the- 
sheep,  so  long  as  there  is  any  wool  upon  them : 
many  of  you  are  squint-eyed,  looking  for  the 
hand' that  comes-with  a  bnbe,  wliich  is  a.  thing 
doth  more  with  you,  than  the  g^reatest  justi<m 
of  the  cause  that  is  before  you.  May  be,  there 
is  one  in  fitly  who  contents  himseU  with  half 
so  muck  as  another  man  takes.  The  Ho(y 
Ghost  direct  yoor  hearts,  that  you  may  mind 
you  neighbour's  .good  and  welfare  more,  for 
that  b  to  act  like  christians. 

XX.;  Ye  drunkards,  ranters,  and  blasphe- 
mers,  and  underminers  of  your  neighbours, 
who  give  ill  counsel,  to  their  nun.  Ye 
whoremasters,  and  gamesters,  ye  haughty, 
and  wrathful  men,  I  prsly  God  send  you  some 
sparks  of  his  grace,  tnat  you  may  smite  your 
breasts,  as  the  publican  in  the  temple.  I  hope 
you  will  consider  the  text  we  read  in  the  holy 
scriptures,  Bev.  xviii.  7.  where  it  is  said  of 
Babylon,  *^  How  much  she  hath  glorified  her- 
self, and  lived  deliciously,  so  much  torment  and 
sorrow  give  her."  From  hence  divines  do  infer 
That  every  sin  will  meet  with  a  peculiar  punisb-r 
ment  in  hell,  and  consequently  a  proud  and 
haughty  man  will  have  the  honour  of  being 
tormented  first,  or  before  others^  or  will  be 
trampled  on  by  others.  «  The  voluptuous  wBl 
have  a  cup  of  gall  given  him  ;  a  drunkard  be 
plagued  with  an  infinite  thirst,"  Luke  xvi.  94, 
"  The  unchaste  person,  with  putrefaction  and 
worms,  which  shall  break  forth  at  the  members 
whereby  he  hath  sinned."  Ecdes.  six.  3.  A 
slanderer,  with  seri)ents,  and  scorpions.  There 
were  some  comfort  in  it,  if  there  might  be  an 
end  of  this,  but  <'  as  the  tree  falls,  so  it  will  lie, 
whether  it  iiill  toward  the  South,  or  toward 
the  North,"  said  l^lomon,  Eccl.  ix.  3.  sothut 
no  change  of  their  torment  is  to  be  expected. 
The  damned  can  get  no  cooafbrt,  no  ease,  no 


brought  hfito  you  by  your  officers, 
vhereas  the  poor  soldier  must  content  himself 
with  an  empty  house.  You  cause  'the  poor 
people's  oxen  and  cows  to  be  driv'enaway, 
then  sell  lliem,  but  the  meaner  sort  must  eat 
iry  bread. 

XV.  Ye  gentlemen,  burgomasters,  alder- 
men, and  grand  bailiffs,  pity  the  poor  in  your 
exacting  contributions.  Take  heed  ye  oppress 
not  the  widow  and  orphan,  nor  take  tneir  goods 
ftway  for  your  private  use ;  nor  corrupt  your- 
selves with  bnbes.  Do  you  understand  the 
Latin  phruse.  Quid  juris  f  or  the  other,  Da  pe- 
cuMittm  y  To  make  your  own  cause  good,  you 
make  feasts  at  the  public  cost ;  and  this  hap- 
pens often,  when  you  are  to  sit  as  judges,  either 
B  matters  of  blood,  or  in  civil  causes.  Before 
ytm  do  so,  pray  the  Lord's  prayer,  and  con- 
ader  the  import  of  that  place,  John  xiii.  3,  4. 
"  Hereby  shall  all  men  know  that  you  are  my 
piciples,  if  you  love  one  another ;"  t.  e.  do 
justice  one  to  another.  There  are  many  good 
^hrMans  among  you ;  but  alas  !  fer  more  of 
Ibe  other  sort. 

XVI.  My  lords,  ye  bishops,  abbots,  deans,  if 
it  be  so,  that  in  the  town  or  country  you  live  in, 
yoohave  ei^er  for  money,  or  kindred -sake, 
placed  any  ministers,  or  schoolmasters,  which 
are  not  capable  to  look  to  their  charge,  or  to 
instruct  youth,  you  will  have  a  yery  great  ac- 
|x>unt  to  give.  Ye  great  ones,  you  should  at 
least  visit  your  clergy  once  a  year  ;  but  I  do 
not  understand  to  what  purpose  you  put  the 
poor  parson  to  the  charge  of  a  banquet,  which 
tdws  off,  at  least,  a  foi^th  part  of  his  income 
the  first  year,  if  his  parishioners  in  the  country 
do  not  help  him .  Y  Ou  shoul^dpreach  and  exa- 
mine the  children,  this  your  office  requires.  If 
the  minister  hath  good  drink  in  his  house,  he 
b  commended  ;  and  those  that  love  the  good 
fiquor,  will  commend  his  sermon  :  sometmnes 
there  is  one  that  will  give  him  a  silver  cup  for 
ins  pains,  and  that's  the  humour  of  the  world. 

XVII.  Ye  merchants,  ye  know  it  is  written, 
Widi  what  measure  you  mete,  it  shall  be  mea- 
sured to  you  again.  Live  np  to  this  rule,  put  not 
oot  your  money  to  usury  ;  content  yourselves 
with  honest  gain,  for  all  depends  upon  the  bless- 
iufi^  of  God  ;  unjust  gains  descend  not  to  the 
third  £;^3neration.  Let  every  man,  hi  his  own 
station,  take  care  to  mind  his  calling,  and  do 
what  he  is  commanded;  Do  not  sit  down  and 
write  two  for  one,  and  then  lay  the  fault  upon 
your  man.  Take  heed  of  cursing  and  impre- 
cations, whereby  you  endeavour  to  make  old 
commodities  new,  especially  where  the  bifyer 
hath  no  great  skill,  whence  he  must  needs  be, 
cheated  ;  you  give  it  him  upon  your  word, 
though  it  is  not  worth  a  straw. 

Ye  seamen  and  skippers,  how  do  you  live  at 
sea ;  take  up  your  anchors  in  the  name  of  God, 
and  in  the  same  name  you  ought  to  spread 
yonr  sails.  When  the  merchants  grow  rich, 
fMenthr  they  must  have  great  gaidens,  with 
delicate  nouses  tbr  pleasure,  where  they  may 
treat  theh"  rich  acquaintance ;  If  they  give  at 
tay  time  something  to  the  poor  in  their  houses, 


I  a  1  ]     STATE  TRIALS,  34  CAAALES  II. 

mitigation  of  their  pain ;  If  they  could  but 
have  hopes  of  *^  a  mp  of  water  faan^^BS'  at  a 
finfler'a  «nd,*'  Luk.  xvi.  24.  this  might  yet 
refresh  them.  Bev,  xiv.  11.  it  is  said,  <^  They 
have  no  rest  day  nor  night,  but  their  shame  and 
pain  shall  last  for  ever.  The  smoke  of  their 
torment  shall  rise  for  ever ;"  read  the  aforesaid 
place,  though  you  never  read  or  considered 
It  before ;  the  door  of  grace  is  yet  open.  Ye 
drunkards,  and  whoremongiTs,  ye  Qry,  let  us 
be  merry,  for  who  knows  now  lung  we  are  to 
live.  Whentbon  readest  Prov.  vi.  11.  *'  So 
shall  thy  poverty  come,  as  one  Uiat  tmveileth, 
and  thy  want  as  an  armed  man,"  do  not  take 
in  thy  meat  and  drink  like  beasts,  but  with  con- 
mderation  of  the  soperabundant  and  ahnigbty 
P^oodness  and  oMrcy  of  God.  Tit.  i.  15.  1  Tim. 
IV.  4,  5.  Prov.  iv.  17.  EocLesiastioos  xxsd.  ^1. 
Jiuk.  xjd.  34.  For  God*s  sake  read  these  chap- 
ters, and  you  will  see,  what  hazard  you  run  m 
living  io  the  woiM,  as  if  there^were  neither 
heaven  nor  hell.  There  are  too  many,  God 
knows,  that  brieve  all  things  alike.  Let  us 
4)onfe8S  our  sins,  and  say.  Help  Lord  and  Father, 
who  art  good  to  aU,  and  givest  toaH,  that,  we 
may  waUL  in  newness  oi  life,  and  be  zealous  of 
codd  works,  to  thy  f^ory,  and  the^  of  angels, 
ue  love  and  education  of  our  neighbour,  and 
the  devil's  envy,  that  we  may  at  last  obtain  the 
end  of  our  faith,  ihe  salvation  of  our  souls :  and 
hear  the  ohdarful  voioe,  Mat.'Xicv.  21.  <^  Wdl 
doneisrood  and  ftithful  servant,  thou  hast  been 
faithful  over  a  few  things,  I  will  make  thee 
ruler  over  many  things,  enter  thon  into  thy 
•'sjoy." 


Great  Healer  of  the  wounds,  sin  makes, 
In  hearts  with  erief,  and  tears  oppressed  ; 
O  bow  my  soul  doth  pine  away, 
"With  dolours  ^reat  and  hard  to  bear  ! 
Almighty  Saviour  take  thou  me, 
And  let  me  in  thy  wounds  be  safe  ; 
Th«i  then  it  will  be  well  with  me. 
My  soul,  my  flesh  shall  rest  in  thee. 

Jonas  iiL  6,  7.    *'  The  king  of  Nineveh,  and 

all  his  Mople,  humbled  themselves,  put  on 

taackdotk,  and  sat  in  ashes."    Let  us  put  on 

.the  garment  of  love,  of  true  repentance^  and 

ttorrow  for  our   manifold  sins  wnioh  we  have 

eonmitted,  and  through  the  grace  of  God  we 

.fhall  obtain  detiveranoe  from  all  our  sins  ;  fer 

^hiohdehveranoelpiaisehim.  I  doalveady  feel 

tkeJUmightyGod  in  my  soul,  andthonghl  had 

•Ihe  sins  of  tne  whole  worid  upon  my  back,  yet 

that  good,  that  gracious  God,  would  not  let  me 

>giilk  underthat  burden,  Psal.- oxzx.  Thoiigh  our 

srins  are  multiplied,  yet  God's  mercy  is  far 

igreater ;  his  helping  hand  is  net  limited.    Let 

Uie  hurt  that  hatn  been  done  be  never  so. great, 

'«ti]l  he  is  the  good  Bhepherd,  who  will  redeem 

Isnel  from  all  his  troubles  and  transgressions. 

1  MessGod  nho  bath  brought  me  to  a  sense  of 

my  sins  ;  nay, lam  so  well  satisfied  (praised 

be  his  name)  that  though  1  mi^t  have  half  the 

woiid's  goods,  I  would  notd^ireto  live  longer. 

I  have  had  litt!e  comfort  in  this  world ;  now  and 

•#iena  body  is  on  the -wat^r,  by.«Mi  by  in  a 


m2^JHal  of  Cc^imi  Cemt^trnm-k    [ 

storm  ;  eve  by  land  the  journey's  are  km^^  ,„„  .^ 
tedious.  How  soon  doth  sickness  oppress  119^ 
no  man  is  secure  of  his  life  ;  though  a  man  1m9 
above  an  enemy,  yet  there  is  no  r^st  £id-» 
perors  and  kinn  rise  in  the  morning  fredi  ami 
sound,  but  the  least  change  of  air  throws  thea» 
down,  and  they  must  wait  for  the  help  of  God 
as  well  as  beggars.  Let  us  therefore  say  witb. 
Jesus  Syrach;  man,  think,  of  thy  end,  and  tboi^ 
wilt  never  sin ;  and  to  do  so,  the  Lord  Jesuy 
grant  us  his  grace,  for  in  this  I  have  failed  fre- 
quently. 

XXI.  Ye  tradesmen  and  artificers,  I  will 
make  but  this  simple  remonstrance  to  yoo. 
Many  of  you  complain,  that  you  labour  day 
and  night,  yet  you  can  get  nothing  :  it  is  do* 
your  labour  altogether,  but  God's  blessing  tha^ 
18  to  be  regarded.    For  Christ  saith,  thou  shal^ 
sanctify  the  Sabbath,  and  on  that  day,  go  diti-> 
gently  to  tbe  house  of  God :   thou  shalt  dq& 
swear,  or  curse,  neither  thou,  nor  thy  wife,  nor 
children,  nor  fiunily.    You  should  not  spendl 
so  much  time  as  you  do,  in  taverns,  for  tnece 
you  ordinarily  stay  till  midnight ;  and  ye  ba- 
kers, brewers,   butchers,  sell,  as  you  mean 
to  answer  it  to  God  ;   for  the  magistrates  are 
apt  to  connive  at  you  upon  the  account  of  frieiid* 
ship,  or  some  other  relation,  but  this  should  not 
be.    On  Sunday  morning,  instead  of  your  cups 
of  brandy,  you  should  take  a  prayer-book  u 
your  hands,  and  out  of  that  instruct  your  chil- 
dren :  look  into  Psal.  122.    <*  1  was  glad,'' 
saith  David,  '<  when  they  said  unto  me,  let  us 
go  into  the  house  of  the  Lord  ?  our  feet  shall 
stand  within  thy  gates,  O  thou  house  of  God  !'* 
If  any  of  you  fall  into  poverty  or  sickness,  yoia 
that  are  tneir  neighbours  set  them  up  agaioy 
you  need  not  fear  that  this  brotheriy  love  will 
make  you  Anabaptists.    Clothe  yourselves  and 
children  aocordii^  to  your  state,  and  condition  ; 

S've  to  the  poor  according  to  your  ability,  and 
at  is  your  blessing ;  for  by  this  means,  ypit 
will  want  nothing  that  is  necessary  here  oa 
earth. 

XXII.  And  now  je  prisoners,  how  do  yoo 
behave  yourselves  m  prispm  ?   Keep  dose  t» 
the  Word  of  God,  and  you  ^ill  receive  j^ace 
and  comfort:  do  not  you  read,  £sa.  liii.  4. 
^'  He  hath  surely  borne  our  grids,  and  carried 
our  sorrows  ?  He  was  stricken,  and  smitten  of 
Gody  and  afflicted  :"  see  what  he  saitji,  Mark 
xiv.  34.  '*My  soul  is  exceeding  sorrowful, 
even  unto  death."    This  said  Cnrist  at  that 
time,  when  for  the  sins  of  the  whole  world,  be 
sufoed  himself  to  be  imprisoned  and  bound  ; 
was  not  that  an  exoeedine  great  love,  which 
Christ  hath  expressed  to  aSi  mankind  !  Creator 
love  he  could  not  shew.  And  this  he  did,  that 
we  might  think. of  him«  when  any  of  us  are 
taken  prisoners.    Let  such  a  one  examine  him-, 
self,  for  what  reason  he  is  imprisoned ;  if  be 
find  himself  innocent,  let  him  have  patieoce, 
let  him  not  curse :  If  he  find  himself  guilty, 
let  him  pray  diligently  ;  if  the  crime  be  great 
andhetnous,  let  him  pray  oftcner,  and  seml;np 
his  sighs  every  moment  to  God,  and  he  ii(ill 
turn  all. things  to  his  ^vantage.    Chast<^ 

s 


: 


lU]      STATE  TRIALS^  Si  Chablss  IL  \6s^.^mul  aiter$,f&r  Murder.       [i  i% 

Lnd,  wIkd  lie  w«b  ttStetk  prisoner  (thoagli  we 

ct  not  to  be  coiii|Mured  with  Um)  said,  Mat. 

mi  42.  «'  AMia  Father,  not  what  I  will,  bat 

vbl  tlMNt  wilt."      Behold  here  his  mighty 

Iwe,  therewith  he  hath  loved  us  when  we  were 

jtt  hb  enemies !    He  suflTered  himself  to  be 

iipnaoiied  :  this  is  no  small  comibrt  for  you 

«M  yon  Ke  in  a  prison  ;   for  which  reason, 

oasider  seriously  of  it ;  hot  stake  heed  you  do 

BflC  corse  in  prison  ;    do  not  break  forth  into 

viath  and  anger  ;  be  jmtient,  oonflde  in  God, 

who  win  support  you  in  all  things,  if  you  call 

ifiNi  biiu.     Use  no  threatentngs  that  in  case 

yMoome  off,  you  will  remember  the  persons 

tfait  have  been  the  cause  of  yoar  imprisonment. 
His  makes  your  case  bnt  worse,  commit  re- 

wpgeto  God  ;  for  thou  art  not  permitted  to  be 
Ifcine  own  revenger.  For  he  that  ju'lges,  shall 
heJQf^^.  The  law  of  God  and  man  condemns 
these  things  ;  he  that  sins  mack  must  repent 
mdi,  this  is  God's  order,  who  c&n  truly  say  of 
khnself,  as  it  is  John  xiv.  '*  I  am  the  way,  the 
tnith,  and. the  life."  And  if  he  be  the  way  we 
oumot  possibly  err,  if  we  follow  him  ;  if  be  be 
the  tmth  we  cannot  po^ibiy  be  deceived  by 
kira  ;  if  he  be  the  life;  we  cannot  possibly  come 
W  aoT  thing  .that  is  hurtiul.  If  your  flesh  and 
hMAd  DC  straitened  in  prison  by  tne  temptations 
of  the  devil ;  if  the  chains  and  shackles  press 
hard  upon  you,  remember  the  Crown  of  Thorns 


guilt  of  his  own.  Mat.  xi.  28.  it  is  written, 
**  Come  to  me  all  ye  who  are  weary  and  heavy 
laden,  and  1  will  refi^esh  you  :"  and  let  this  be 
for  yoiv  comfort.  Nor  is  it  enotigh  that  a  man 
is  laden  with  bonds  and  chains,  for  that  is  only 
a  temporal  punishment ;  you  must  at  the  same 
tone,  take  your  hearts  prisoners  by  the  word 
af  God.     8iglrtherefore,  with  David,  and  say, 

Look  not  vpon  my  sins,  O  God, 
Make  pure  my  heart,  make  c?ean  my  soul. 
A  new  gloss  on  my  spirit  set. 
And  from  thy  presence  cbase  me  not. 
Thy  Holy  Spirit  ffrant  thou  me, 
With  peace  and  health  refresh  thou  me. 
To  plMse  thee,  make  me  willing,  Lord ! 

Amen.* 

Thus  oogfat  men  to  live  in  prison,  upon  which 
by  the  grace  of  God,  remission  of  sins  must 
rily  follow. 


men  ?  aftd  if  a  soldier  leads  a  good  life,  it  mny 
be  said  to  be  stricter  than  a  Capuchin's,  hut 
such  a  one  is  a  creature  very  despicable,  yet 
more  or  less  according  to  the  country  he  fives 
in.    When  an  enemy  knocks  at  your  gates, 
ye  great  ones,  and  you  can  but  get  soldiers 
you  rgoice  exceedingly  ;  but  if  God  give  yoa 
peace  again,  I  am  sure,  you  have  no  com- 
mand from  him,  that  they  who  sened  yoa 
foithfully,  should  be  cashiered  and  sent  away 
without  pay,  and  those  which  stay  behind, 
shobld  scarce  have  bread  enough  to  eat.    I 
suppose  they  are  creatures  created  of  God,  and 
redeemed  as  well  as  you.  He  that  wrongs  them 
wrongs  God  in  heaven  ;  here  I  must  die  for  a 
man's  fortune,  with  whom  I  never  changed 
wotd  all  my  hfe,  for  a  woman  which  1  never 
saw ;  nav,  for  a  man  that  is  dead,  whom  t 
never  had  a  view  of;    and  are  not  these  three 
very  ffteat  thin^  ?  I  leave  it  to  every  man's 
oonsideratton  ;  it  would  grieve  a  man,  1  confess 
itis  a  little  hard ;  yet  be  it  as  God  pleases,  I 
have  entirely  resigned  myself  to  his  will.    And 
now  I  will  tell  yon  all  that  I  have  loved  in  the 
worid.    Next  to  God  and  his  holy  precepts, 
I  have    loved  my   neighbour   till   the   late 
misfortune  befell   me ;    I  have  ever  had  a 
great   fancy    to   travel,   and   from    a   child 
have  had  inclinations  to  be  a  soldier,  which 
desire, '  as  that  of  travelling,  hath  yet  much' 


which  our  redeemer  bore,  and  without  any  /decreased    with   time.      A   courtier's   Kfe   I 


XXIII.  I  had  almost  forgotten  the  common 
Boktiery,  which  I  would  not  willingly  do,  for 
theie  is  great  philosophy  to  be  found  among 


never  much  affocted,  because  the  court  is  ge- 
nerally croudedwith  asortof  pditicians,  which 
are  no  better  than  dissemblers.  A  leaned  and 
experienced  man  I  always  had  a  very  great  es- 
teem for  whether  he  were  rich  or  poor ;  for  I 
have  met  with  both  sorts^.  Lastly,  I  have 
had  a  peculiar  love  for  three  things,  yet  have 
been  most  miserably  cheated  by  them  ;  yea 
these  three  were  instruments,  I  made  use  of, 
that  day  I  came  into  the  late  misfortnne.  I 
thought  I  had  an  excellent  friend  in  the  captain, 
but  have  been  sadly  deceived  in  him,  and  se- 
duced by  him,  that  is  one  thing.  Secondly,  I 
have  been  no  hater  of  women,  and  here  also  I 
have  been  cheated.  I  have  also  had  a  great 
love  for  hoi-ses,  and  when  that  late  misfortuna 
began,  was  upon  the  back  of  One. 

Let  every  pious  christian  take  a  view  of  the 
world,  let  him  love  nothing,  that  is  in  the 
worid,  but  God  alone ;  let  him  do  no  wrong  ; 
nay,  let  him  not  permit  another  person  to  do 
that  which  he  can  hinder,  especially  where  the 
poor  and  metiner  sort  are  concerned  ;  and  ho 


Aem,  i.  e.  There  is  nothing  in  the  worid,  but    that  is  rich,  let  him  look  to  it,  that  he  may 


you  may  find  it  among  soldiers ;  you  find 
Named  and  unlearned,  good  and  bad,  holy  and 
profligate  men,  you  find  some  who  really  aim 
at  the  kingdom  of  God,  and  others  who  suffer 
themselves  to  be  blinded  by  the  devil,  and  live 
iceonliiig  to  his  will ;  nay  many  stranrrers 
which  no  man  knows  who  they  are  ;  one  tears 
God, another bhwpbeines  him':  In  a  word,  yon 
have  among  the  soldiers  pious,  and  impious 

*  This  is  part  of  a  Spiritual  Hymn  used  in  the 
LatheranChmcb. 


communicate  to  the  poor  heartily  ;  and  let  him 
do  the  same  to  the  sick,  and  to  distressed  fo- 
mtlies,  and  to  strangers.  The  reoompence  God 
will  give,  who  is  so  far  fh>m  forgetting  such 
works,  that  he  will  reward  them  a  hundred 
fold.  Grieve  no  man  who  is  already  grieved, 
for  it  is  sinful.  Rejoice  not  over  any  man's  mis* 
fortune',  for  before  a  day  be  past  yon  may  come 
to  some  sad  accident.  Take  heed  you  do  not 
spei^k  ill  i»f  God ;  and  take  no  folse  oath. 

\  esterday  I  was  at  the  last  sermon  which  I 
am  hke  to  hear  in  this  world  ;  the  preacher  wm 
.    1 


115}  STATE  TRIAIS,  34  Chaubs  U.  \6%^.^JHd  0f  Ctwt  C^nk^mm-k   [^liCr 


an  ]SiiffluAim9&»  and  &•  doctor  of  iMmtyt  bui 
name  Hurnet ;  and  I  can  take  God  to  witness, 
that  in  this  seitnon  my  sinful  heart  was  Ofenf/Bd^ 
and  rteei^ed  great  comfort  from  it.  The  i9xA 
was  as  follows ;  ^'  Christ  Jesu^  came  90t  to 
call  the  righteous,  bu^  sinners  to  repentance." 
.0  joy  above  ail  joy  1    O  oomfortaUe  promise  \ 

0  sw^t  recreation  of  my  soult  Nay,  nothing 
can  be  found,  that  tends  more  to  a  poor  sinner's 
comfort,  than  this  comfortable  promise.  If 
therefore  Christ  J  jsus  came  into  the  worU  to 
a^re  sinnens ;  without  doubt  be  is  come  for  my 
sake  too.  Therefore,  O  my  sins,  why  do  ye 
trouble  me?  Jesus  Christ  is  h^re,  who  will 
take  you  away  from  me-  Sing  and  r^oice,  O 
ngr  soul,  with  Jaooli,  Gep.  loqai.  10.  **  I  am 
less  than  the  least  of  thy  mercies,  and  the  truth 
thou  hast  shewn  uatp  thy  servant. ''  With 
David  we  wills^y,  8  Sam.  yii.  19.  '^  What  am 
I.  Lord,  and  what  is  my  fisilher's  house,  that 
thou  ha^  brought  me  thus  far  ?'*  With  the 
Virgin  Mary,  we  will  ^ay,  Luke  i.  47.  **  My 
Sfkulmagmne&the  Lord,  and  my  spirit  bath  re- 
joiced in  the  God  of  my  salvation ;  for  he  bath 
done  great  thmgs  for  me,  and  holy  is  his 
name." 

And  here  y«  great  commanded,  give  me 
kaye  to.  ]Aressqit  you  with  this  humble. suppli- 
cation, tbat  you  would  not  take  it  ill,  because 
this  writing  come^  to  you  in  a  homehr  atile, 
yet  it  is  penned  with  a  good  kiteot,  and  that  is 
enough.  Because  I  am  neither  divine,  nor 
phik>so|>ber,  but  have  hy  1>rafession  been  a 
soldier,  I  hav^e  written  thbgs  m.  very  course 
language;  yet  1  hope  no  pioqs  man  will  think  . 
ill  ^  it.  I  have  written  nothing  hut  what  i 
have  seen  with  mine  own  eyes ;  i  grant,  you 
are  not  all  sueh  persons,  as  my  writing  seems 
t9  make  out,  yet,  must  ooni^ss,  that  I  have 
knqwn  abnndanpe  of  such,  but  wiU  not  call 
them  by  tj^ieir .  names.  I  ain  sorry  I  have  seen 
so  much,  and  have  nut  esdieHed  that  evil^ 
which  l^th  aK  Isutt  brought  me  to  shame  before 
the  world. 

XXIV.  I  ^all  in  toe  la^jkiffooe,  briefly  ac- 
qaaint  you  with  my  coi^-ae  of  Mfe.  About  HJ 
yters  ago,  oiy  father  of  blessed  memory, 
sent  me  out  of  Swedekmd  to  Gennanland, 
where  for  twa  years  tog^er  I  went  to  school. 
Two  yeaii;  alter  that  came  the  Muscovites, 
which  ol^liged  us  to  fly  back  toSwedeland. 
M)ou^  33  yeatfrs  ^o,  I  teft  Sweden,  and  went 
towards  jpomerania,  wheie  I  served  the  elector 
of  Biiuidenburg  a  quarter  of  a  year;  from 
tli^nce  I  went  through  Poland  towards  the 
German  emperor's  domiqions.    From  Bohemia 

1  travelled  mto  tl^e  NetherlaadB,  from  thence 
iqito  Fi'ance;  from  France  again  into  die 
^•therla^ds  with  the  army:  After  the  peace,  I 
went  bac^  to  Bohemia,  Austm,  and  Hungary, 
and  ailer  that  again  to  the  Netherlands,  where 
I  iitayed  Q  yetuit,  from  thence  1  vn^nt  farther, 
ta  Uollaud,  Denmark,  Sweden,  Poland,  and 
then  to  Ilolstein,  which  was  m  the  year  31. 
Duriug  tliese  S3  years,  I  have  been  a  Papist 
1^  years,  because  I  was  commonly  all  that 
limn  i^  Popiah  lointoiMis  htK m  QobttiA  in 


the  year  81,  I  turned  again  to  the  Lnthemit 
relupton,  in  which  I  was  bom,  and  bajUi^ed* 
andin  that,  God  willing,  I  mean  to  die.  i 
could  no  longer  hear  vriui  the  Popish  religiofi^ 
because  of  toeur  many  saifits  and  intercessor. 
There  is  no  relimon,  comas  nearer  to  mifi^^ 
than  that  of  the  Protestants  in  England ;  Go4 
grant  they  may  Uve  in  peace  with  the  Calvinista 
to  prevent  quarrels,  and  in  opposition  to  th^ 
Papists. 

Ah !  my  dear  Jesua,  look  upon  me  with  tb^ 
eyes  of  thy  mercv,  and  chasten  me  not  ne- 
cording  to  my  desert.  I  firmly  hope,  thou 
wilt  not  dismiss  my  broken  contrite  heart  with- 
out a  blessing,  the  rather,  because  thou  didst  be* 
speak  the  poor  thief  upon  the  cross,  with  tbes^- 
comfortable  words;  This  day  thou  shalt  b« 
with  me  in  Paradise.  O  Jesu!  let  me  also 
hear  this  word,  and  my  soul  will  be  safo.  t 
will  not  cease  praying  to  the  very  last,  and  to 
say.  Lord  Jesu,  into  thy  hands  I  commemi 
ray  spirit.  These  shall  l!e  my  last  words,  and 
when  I  can  speak  no  more,  O  Lord  Jesu,  thou 
wiH  accept  of  my  sighs,  for  I  believe  that  thou 
earnest  intotlie  world  to  save  sinaei's,  of  whom 
1  am  chief.  Now,  Lord  Jesu,  strengthen  m^ 
in  all  my  sufferings.  Thou  sayest.  Come  to 
me  all  ye  who  aji*e  weaxy  ana  heavy  ladea, 
and  I  w  ill  refresh  you.  In  this  faith,  at  thy 
command,  1 4w»  come,  hut  altogether  unwortk^^ 

0  Lord  Jesu,  heal  thou  me,  tor  thou  art  um 
true  physician  of  souls.  Vea,  Lord  Jfsn,  i 
confess,  that  at  present  I  feel  great  reJwh- 
ment  in  my  sinful  heart.  I  am  as  an  anned 
man,  who  ^ues  against  his  enen^y,  and  wUH 
not  draw  back  one  sk^  hut  fight  ooun^c^ualy. 
Now,  u\y  Lord  Jesu,  thou  hast  armed  me  witb. 
a  steUia^  I'aitli,  and  confidence  in  thee.  Grant 
me,  Lord  Jesu,  that  I  may  be  thankful  for  tluA 
great  mercv  and  goodness;  let  me  wrestl# 
boldly,  and  press  through  Kfe  and  death. 
Hallehijah. 

Let  me  say,  Ijord  Jesu,  with  St.  Paul,  If 
God  be  for  us,  who  can  be  against  us.  Niiy, 
he  hath  not  spared  his  own  Son,  but  Kyyh 
given  him  for  our  sms.  Who  wiU  accuse  tba 
elect  of  God  ?  It  is  God  that  justifies,  who 
will  condemn?  It  is  Christ  that  died,  who 
sits  at  the  riffht  hand  of  God  and  iatoraedes  for ' 
us.  Who  snail  separate  us  from  the  k)ve  of 
God  P  shall  trouble,  shall  anguish,  sha^l  perw 
secutioo,  shall  hunger,  ahall  nakedness,  mJl 
peril,  or  the  sword  ?  i^  it  is  written  hy  David, 
Psal.  18,  28.  ''  The  Lord  make  my  daskMSi 
light ;  and  the  blood  of  Jesus  Christ  wa^h  bm 
and  purify  me  from  all  my  sins.*'  Amm^ 
Jesu.    Amen,  Ai^en. 

Whatever  state  or  dignity  a  true  ChriiliMt 
is  of ,  lie  must  not  make  light  of  pi«yer,or 
tliiok,  1  can  pray  to  morrow,  and  this  businean 

1  nmst  do  to  day.  Ah!  Chriatianj  let  thy 
bnsiness  be  rather  laid  aside,  except  thy  foUoir  • 
christian  should  be  in  the  pangs  o(f  death,  or 
thy  house  shoukl  be  on  fii«,  for  these  thinga 
may  cause  more  thah  ordinary  trouble.  Ne» 
elect  not  the  service  of  God,  O  my  ann,  nor  tht 
festivals  of  th«  duirch,  for  X  mi.  vik,    ' 


c 

« 
« 


lirj      STATE  TRIALS,  te  CHAMEi  !!.  l68«.-.BjHr<*Ur#,>r  JHkrefer.      tnS 

wmiW  gtre  fcjm  3  or  400  dollars  f  I  said,  I 
knew  none :  Hereupofn  he  g&t  fbut  bmce  of 
pistols,  three  little  ones,  and  one  brace  of  great 
ones.  The  ereat  ones,  and  one  brace  of  little 
ones,  he  h^  by  him  before,  and  two  lonjf 
swwxls ;  and  then  said,  Now  he  is  a  dead  man. 
He  prayed  xne  to  cause  two  poniards  to  be  made, 
wheredr  he  gave  nje  the  di-aiightj  but  I  wouW 
not  do  it.  And  now  he  had  a  mind  to  draw 
in  a  great  miny  niore.  At  last  I  had  a  Tcry 
strange  ominous  di-eam.  He  saw  I  was 
musing,  and  then  asked  roe,  what  I  ailed  ?  I 
told  him  (  and  he  laughed,  spying.  There  waa 
no  heed  to  be  given  to  dreams ;  yet  the  dream 
proved  too  true.  Now,  I  saw,  he  was  resolved 
to  kill  him ;  wlien  therefore  he  importoned  ifie 
to  engage  more  men  in  the  business ;  1  told 
him.  What  ean  you  do  with  so  many  people, 
cannot  you  take  tnree  horses,  ^'ou  will  have  osi6 
for  no  more  ?  Hereupon  he  fetched  out  money, 
and  on  the  Friday  befbre  the  murder  was  done, 
he  bought  three  horses.  On  l^nday  follotving 
he  told  me,  I  shall  get  a  brave  fellow,  (that  wa} 
the  miserable  Polonian)  who  came  to  town  on 
Friday,  and  the  9undiiy  ^fter  he  killed  the 
gentleman,  (according  to  order  from  his  master, 
and  you  know  who  his  master  was)  mvself 
being,  then  alas !  in  the  company.  Half  Hn 
hour  past  Ibur,  the  gentleman  went  ))y  in  hw 
chariot  before  our  window.  Thereupon  wo 
went  for  tlie  horses,  and  afterwards  rid  toward 
the  Palhnall,  where  we  met  the  genfleman  in 
his  chariot,  I  Hd  before  the  coadi,  die  captain 
went  close  by  it,  and  then  cried,  Hold,  an^ 
shewed  the  Polonian  the  man  in  the  coach ; 
who  thereupon  gave  fire,  and  shot  four  or  five 
bullets  into  his  Body.  They  say,  he  lived  tiU 
next  morning,  and  then  died.  On  Monday 
following  we  were  all  taken  prisoners,  and 
must  now  die  too ;  we  have  yet  four  days  to 
live :  The  great  God  pardon  us  this  sin,  for 
Christ  his  siOce.  Amen.  For  I  repent  from  the 
bottom  of  my  heart,  that  in  my  old  affe,  to 
which  I  was  advanced  with  honour,  1  snould 
come  to  this  disaster :  but  it^s  done,  and  cannot 
be  remedied.  It  is  written,  The  days  of  our 
years  are  few,  and  when  we  come  to  our  best 
age,  it  is  theu  but  labour  and  sorrow. 

Mefnorandum,']The\etter,  the  captain shetv- 
ed  me  one  day,  was  to  this  pnrpo.se :  1  hav4 
given  Captain  Vratz  ihU  commission  to  dis- 
pose of  the  places  of  captain  or  lieute- 
nant, to  whomsoever  he  shall  find  capable  of 
it.  So  far  I  read  the  letter,  five  lines  lower 
stood  these  words,  600  Dollars,  which  was  not 
the  captain's  band,  or  writing,  it  ^as  hig( 
Dutch.  1  seeing  the  letter  threw  it  dotvn  upon 
the  table,  but  he  nut  it  up,  and  underneath,  tha 
letter  was  signed,  Coningsmark.  Thus  much 
I  saw,  but  made  no  further  reflectimis  upon  th^ 
letter,  because,  God  knows,  I  was  bhnded. 

Another  Memorandum,  I  have  forgot  in  the 
p&pers,  which  after  my  death  are  like  to  be 
paMished,  viz.  It  bath  been  twice  in  mf 
thoughts,  when  capt.  Vratz  was  in  Hollami,  ta 
go  and  tell  Mr.  Thynn,  what  the  ca^f*"** 
mtauied  agaxmthhn,  but  i  stitt  fbrsr^ 


wa  be  ihe  eflect  of  that  nwlect.  In  a  word, 
■idiiDgr  ^onkl  have  so  much  of  your  care,  as 
ike  exercise  of  prayer,  and  goin|F  to  the  bou^e 
rf  God,  where  you  must  not  sit  idle,  but  work 
ia  the  vineyard,  that  you  may  receive  your 
MniT.  which  the  lord  of  the  vineyard  will  at 
hu  give.  Consider  this,  for  Christ  his  &ake. 
Amen,  Amen.  Aly  sweet  Jesus.    Amen. 

XXV.  And  now  I  will  let  von  know  how 
I  came  to  that  late  misfhrtune  here  in  London. 
Aftont  the  «ad  of  October  last  I  came  to  Lon- 
daa,  and  lodged  in  the  city,  near  the  Royal 
Exchange  in  Broad-street,  m  the  Dutch  ordi- 
nary, at  the  sign  of  the  City  of  Amsterdaip. 
When  I  hat)  be«i  there  a  month,  a  gentleman 
came  to  lodge  there,  who  calleil  himself  Val- 
fi^s,  but  his  name  i»  Tratz :  He  and  I  b^n 
Id  be  acquainted:  at  la«t  he  told  me  he  had  a 
request  to  me ;  to  whom  I  replied,  Tliat  to  the 
iitpaosat  of  my  power  he  might  command  me.  To 
thin  he  said  he  had  a  quarrel  with  a  gentleman, 
and  desired  me  to  be  his  second.  I  told  him, 
without  any  consideration,  I  Tt^ould.  A  fort- 
nigfat  after  he  told  me.  That  it  was  good  living 
thereabouts ;  and  if  I  would  take  liTodglng  in 
diat  |>laoe,  during  the  four  weeks,  he  should 
atay  in  London,  he  would  pay  forme.  Here- 
vpoo  he  took  four  servants,  sometimes  he  was 
lor  manymg,  sometimes  for  fighting ;  and  if 
be  eoPoM  get  one,  who  would  kni  the  gentle- 
man, he  said,  he  would  give  him  900,  nay 
300  dollars.  There  it  rested  for  a  while.  Hfc 
dismissed  two  of  his  servants,  and  was  going  for 
France,  or  •  BoUand.  The  two  servants  con- 
tinued without  places.  Six  days  after,  I  took 
leave  of  my  aoonaiotBaee ;  and  after  my  things 
bad  been  Xwo  .davs  on  shipboard,  I  went  to  the 
I^nberan  chur<»,  where  I  received  a  letter 
ftom  capt  Vratz.  O  unhappy  letter!  The 
cnnCentAwere  as  f<^W6: 

*  St  ;  I  am  sorry  I  could  not  have  the  ho- 
Boar  to  take  my  leave  of  you ;  but  be  it  all  to 
vour  advantage.  I  am  going  for  France,  yet 
nave  not  as  yet  a  certain  commission.  In 
the  mean  while  ha  pleased  to  continue,  either 
at  Mr.  Blocks,  or  in  the  city  of  Amsterdam, 
wbere  I  will  apt  tail  to  pay  for  all.  lam, 
your  obliged  servant,    Ds  Vbatz,  alias  De 

Vaujchs. 


After  I  bad  read   this  unhappy  letter,  I 
efaanged  my  resolution,  and  stayed  here  and 
fetched  my  brings  from  the  ship,  and  went  to 
lodge  in  blackmore-street.    About  10  weeks 
afttf  he  returns  to  London,  sends  for  me,  and  I 
cane ;    and  himaelf  took  a  !odgtm>:  in  West- 
minster, vrbere  I  was  with  him ;  and  the  count 
lunseif  lay  one  night  in  the  captaitiV  and  my 
iodgii^.    ^e  cs^tain  then  asked  me,  how 
Tbyan  M?  I  toM  him,  I  could  not  tell, for 
I  fatd  never  seen  him .    Thereupon  he  told  me, 
Innst.aee  natr,  bow  to  order  it,  that  i  may 
eome  at  bitn,  if  I  eouM  get  but  some  stout 
gg^..-.— «D&  yon  know  no  Frenchmen  about 
tffWB  or  wtMSt  other  people  there  tsf  I  said,  I 
iMoid  see.     Then  be  added ;  Could  not  one 
fat  an  ltnliftt>9  ^"^^  ttigbt  <fopnteh-  hitOf  I 


%  19]    STATE  TRIALS,  54  €iuRle»  II.  J  fi8«.— TrW  of  Cmmi  dmmgmmtrk    [1 2^ 


I  desira  tlie  doctor,  in  case  any  thing  of  the  i 
tui{ytam's  writings  should  come  abroad,  to  com- 
pare what  he  sai£h  with  my  confessionft,  and  to 
consider  tine  with  the  other.  Give  unto  Caesar 
the  tbimps  that  are  Cet^r's,  and  imto  God  the 
things  that  are  GodS.  I  hoiie  I  shall  go  with 
the  pubUcan  into  the  temple  of  God :  I  am  a 
great  sinner,  yet  God's  mercy  is  greater, 
wherein  I  trust ;  nor  will  Christ  therefore  re- 
fuse a  soul,  though  the  body  is  banged  up  by 
the  world.  iMy  lords,  ye  judges,  I  do  wish  you 
all  happiness,  1  confess  you  have  a  weighty  of- 
fice, God  give  you  his  grace,  that  you  may 
neither  add  to,  nor  diminish  from  a  cause. 
You  have  seen  how  I  exposed  all  'my  failings, 
and  that  openly,  to  God,  and  to  the  whole  world, 
because  others  may  take  warning  by  me,  whom 
1  leave  behind  me  m  the  world,  ibeg  of  God, 
that  people  may  consider  this  my  poor  writing, 
the  effect  of  the  assistance  of  God's  spirit,  and 
the  desir^  of  a  pious  soul. 

The  captain  desired  me,  that  I  would  cause 
tivo  daggers  to  be  made,  because  at  first  it  was 
resolveu,  we  should  fall  upon  Mr.  Tliynn  on 
foot ;  and  he  would  have  bad  some  Italian  or 
another,  to  thrust  them  into  Mr.  Tbynn's 
^y  >  yet  I  neither  looked  out  for  a  man  fit 
for  that  purpose,  nor  would  I  cause  those  dag- 

fcrs  to  be  made.  The  musquetoon,  or  the  gun, 
fetched  indeed ;  but  it  m  as  6ut  of  a  house, 
which  the  captain  described  to  roe.  The  holy 
passion  of  Jesiis  Christ  preserve  me  ;  the  inno- 
cent blood  of  our  Lord  strengthen  roe ;  the 
pure  blood  that  flowed  from  his  side,  wash  me ; 
the  great  pain  of  Jesus  Christ  heal  nic,  and 
take  away  the  deadly  wounds  of  my  soul. 

O  bountiful  Jesus,  hear  me ;  hide  me  in  thy 
holy  ^>ounds :  From  thy  compassionate  heart, 
let  there  flow  into  ray  wicked  heart,  mercy, 
comfort,  strength,  and  pardon  of  all  my  sins. 

My  Lord,  and  my  God,  if  I  have  but  thy 
most  holy  passion  and  death  in  ray  soul,  neither 
heaven  nor  earth  can  hurt  me.  O Jesus!  I 
ercep  into  thy  gapine^  wounds,  there  1  shall  be 
secure  until  the  wratn  of  God  be  over  past.  O 
Xiord,  let  me  alwaj  s  adhere  to  tliee  ;  keep  off 
li'om  me  all  the  assaults  of  Satan  in  the  hour  of 
my  death.  O  my  dearest  Lord  Jesus,  who  bast 
spoke  comfoitably  to  the  penitent  sinner  on  the 
cross,  cull  to  my  dylner  heart,  and  speak  com- 
fort and  consolution  to  It ;  assist  me,  that  in  my 
last  necessity,  througrh  i\ry  help,  I  may  happi-, 
)y  overcome ;  and  v^en  I  can  speak  no  more, 
accept  of  my  si<^l)S  in  mercy,  and  let  me  con- 
tinue on  heir  of  eternal  happiness,  forihe  sake 
of  .tliy  most  holy  blood,  which  thou  hast  shed 
for  me.  Amen.  Lord  Jesu  Christ,  my  lord 
and  Saviour.     Amen.  Amen. 

O  Jesu,  receive  my  poor  soul  into  thy  hands, 
then  shall  I  die  thy  sen'ant.  My  soul  I  com- 
mend to  thee,  and  then  I  shall  feel  no  pain  nor 
sorrow.    Amen.  Amen.  Amen. 

Tlvese  ejaculations  are  parts  of  such  spiilt'ual 
aonofs,  as  are  oaually  &ung  in  the  .LtilheFaft^ 
Churches. 


^  My  wants  and  my  necessities 
^*^  Je«us,  I  entrust  wiOi  U 


thee. 


Let  thy  good  will  protect  me  Lord, 
And  what's  most  wholesome,  grant  thou  nxe^ 
3.  Christ  is  my  life,  death  is  my  gain, 
If  God  be  for  me,  I  am  safe. 

3.  My  I-iOrd,  my  God,  O  pity  me, 
With  free,  with  undeserved  Grace ! 
O !  think  not  on  my  grievous  sins. 
And  how  I  have  denied  my  soul. 
When  in  my  youthful  days  I  err'd. 
Against  thee  Lord,  thee  hare  I  mnnM  ; 
Sinn'd  then,  and  do  sin  every  day : 
Thee  I  intreat  through  Christ  1  mean. 
Who  was  incarnate  for  my  sins. 

4.  Consider  not  Lord  Jesus  Christ, 
How  heinous  my  transgressions  are  ; 
Let  not  thy  precious  name,  O  Lord, 
Be  lost  on  this  unworthy  wretch. 
Thou'rt  called  a  Saviour,  so  thou  art 
With  mercy  Lord,  look  on  my  soul. 
And  make  thy  mercy  sweet  to  me  ; 
Sweet,  Lord,  to  all  eternity. 

5.  Almighty  Jesus,  son  of  God, 

Who  hast  q>peased  th  v  father's  wrath : 
I  bide  myself  within  thy  wounds ; 
Thou,  thou,  my  only  comfort  art. 
Amen,  thou  art,  so  let  it  be : 
Give  to  my  faith,  give  greater  strength  ; 
And  taike  from  me  all  doubts  away ;  . 
What  I  have  pcay'd  for,  give  me  Lord. 
In  thy  great  name  mv  soul  hath  pray 'd  ; 
And  now  her  joyful  Amen  sings. 
Ask,  and  ye  shall  have. 

THE  CONFESSION 

OF 

GEORGE  BORODZYCZ, 

The  Polonian,  signed  with  his  own  Hand  us 
Prison,  before  bis  Execution. 

I  Geoige  Borodzycz,  do  here,  in  few  words, 
intend  to  make  known  to  the  world,  how  1  earae 
into  the  service  of  count  Coningsmark.  About 
eighteen  months  ago,  I  was  recommended,  by 
letters  to  the  quat&p-master  general  Kemp  at 
Staden ;  and  from  thence  |  was  to  be  sent  to 
the  count  at  Tangier ;  but  by  reason  of  the 
hard  winter,  I  was  slopt,  for  the  ship  in  which 
I  was  to  go,  stuck  in  tue  ieetn  the  river  Elbe ; 
this  made  me  stay  till  fucther  order.  In  March 
last,  I  received  a  letter,  which  ordered  me  to 
go  and  stay  in.  a  manor  belonging  to  the 
count  in  the  bishoprick  of  Bi-emen,  and  there 
expect  new  orders  from  the  count.  At  last  I 
received  a  letter,  with  onlers,  to  come  by  land 
for  lilolknd ;  but  destitujte  of  an  opportunity,  I 
staid  till  the  18th  of  November,  1681.  And 
then  new  orders  came,  that  I  should  come  for 
England  to  tlie  count's  brother,  where  I  should 
fe^  horses,  and  convey  them  to  Stras^uigh. 
And  accordiiigly  I  left  Uambur gh  the  24th  of 
December,  1681,  and  was  at  sea  till  tlie  4th  of 
February,  1683.  When  I  came  to  London, 
I  lay  the  first  night  in  the  city,  hanl  by  the 
•Royal  Exchange,  at  one  Blocks;  and  from 
thence  I  was  conduct*^  to  the  count's  brolber, 
and  from  thence  to  the  count  himself,  who  wss 
to  ^  my  master ;  When  I  csme  to  him,  capt 


itt)      STATE  TRIALS,  S4  CiLuaBS  th  l662.^M<i  Man,  for  Murisr.      [122 


Fiatz  beiog^  with  him,  my  lord  ttld  me,  I^ 
iboHiii  be  with  CApt.  Viuts  three  days,  tiU|hi9, 
I.  e.  the  oonnt's  faBange  and  goods  be  had  on 
ikipboord,  came.  Whereapon  the  eaptsm  sakl 
he  wouU  send  his  mao  lor  me  neict  day,  which 
was  8mida]j',  which  he  did  aocordingl^f^.  I 
weat  with  his  man,  and  my  lord  diarged  me,  I 
should  do  what  oapt  Vrata  should  oraer  me  to 
do.  I  went  thereupon  to  my. chamber/  and 
ssid  the  Lord's  Prayer.  On  Sunday,  about 
one  of  the  dock,  came  op  the  eaptstn's  man 
ftr  me,  and  brought  me  to  the  captain. 
WheQ  I  saw  him,  hetold  me;  <<  It  is  weU  yon 
are  come,  ihr  I  have  a  quarrel  with  an^n^ish 
gentleman  ;  I  did  finrmerly  send  him.  two  cbal- 
K^ges,  but  he  answered  mem  not ;  whereupon 
eoont  Coningsmark  and  myself  went  forFrance; 
but  that  gentleman  sent  six  fellows  after  us  who 
were  to  kill  the  count  and  me.  Accordingly 
they  came  on  us,  the  count  received  two 
wounds,  we  killed  two  of  them,  and  I  am  now 
eotne  hither  to  attack  that  gentleman  in  the 
open  stieelB  as  a  murderer ;  and  as  he  hath 
begun,  so  I  will  make  an  end  of  it. "  Whereupon 
lie  gaTe  me  the  gun,  which  I  Should  make 
use  of  to  kill  him.  When  hereupon  I  pleaded 
with  capt.  Vratz,  and  shewed  myself  unwilling, 
saying,  that  if  we  were  taken,  we  should  come 
to  a  very  ill  end.  He  answered,  I  need  not 
trouble  myself  about  that,  if  we  should  be  taken 
sruoners,  it  was  be  that  must  suffer  for  it,  not 
1 ;  and  for  my  service,  he  would  recommend 
me  to  count  Coningsipark ;  whereupon  I 
thought  with  myself^  that  it  might  be  hei-e  as  it 
is  in  Poland,  viz.  Where  a  servant  doth  a 
thmg  by  his  master's  order,  the  roaster  is  to 
su/l&  for  it,  and  not  the  servant. 

We  i«  cnt  therefore  soon  after  for  our  horses, 
and  rid  tot^-ard  the  Pallmall.  The  captain  told 
me,  I  will  stop  the  coach,  and  do  you  fire  upon 
ihe  gentleman ;  which  was  done  accordingly. 
Lord  have  mercy  upon  me, 

I  am  beortiK  sorry,  that  my  honest  parents 
n«st  receire  tnis  unwelcome  news  of  me ;  the 
jifan^hty  Goil  take  care  of  my  soul.  I  have 
gieat  confidence  in  Almighty  Crod,  and  know 
Sttthehath  offered  bis  iiten  upon  the  cross, 
for  the  sins  of  all  mankind.  Therefore  I  be- 
here,  that  satisfaction  was  also  made  for  my 
atos ;  and  in  this  ftith,  in  the  name  of  God,  I 
will  die.  Lord  Jesu  give  me  a  happy  end,  for 
tby  bitter  death  and  passion  sake.    Amen. 

What  pity  it  is,  that  I  should  be  about  the 
space  of  jwven  weeks  upon  the  sea,  betwijct 
Hanfbnrgh  and  London,  and  in  great  danger 
d&y  and  night,  and  yet  should  fall  at  last  into 
this  unexpected  mi^fortdne !  I  can  bear  wit- 
ness, witn  a  good  conscience,  t)iat  I  knew 
aotbiog  of  the  bnsiiiess  aforehand  t  The  great 
God  pardon  those  men  that  have  brought  me 
10  thK  fall ;  God  keep  every  mother's  child 
frDiD  ail  such  disasters,  for  Christ  his  sake, 
inm. 

4od  I/Jceire  the  doctor  to  pray  for  me,  and 
to  let  all  the  world  know  my  innocence  after 
IliD dead,  that  men  may  see  and  fear.  . 

Gborge  BonosKT. 


PonVGttlFT. 

The  fieutenant  did  ofWn  desire  that  their 
examinations  before  the  justices  of  peace  might 
be  published  with  their  other  papers ;  for  then  by 
the  questions  put  to  them,  all  particuUrB  weit 
brought  to  their  remembiance,  which  in  the 
condition  in  which  they  were,  they  could, not 
otherwise  recollect  so  orderiy ;  and  both  he 
and  (he  Polander  did  always  refer  themselvei 
to  those  examinations,  and  to  the  last  averred 
the  truth  of  them  in  every  particular ;  there^ 
fore  it  vras  thought  necessary  to  publish  them 
together  vrith  their  other  contessioos.  ^ 

THE  EXAMINATION 

OF 

LIEUTENANT  JOHN  OTERN, 

Taken  before  Sir  John  Reresby,  baronet, 
and  WiUiam  Bridgman,  esq. ;  two  of  his 
Majesty's  Justices  of  the  Peace  of  the 
county  of  Middlesex,  Feb.  17, 1682. 

This  examinate  saith  that  seven  months  age 
he  .came  into  England,  and  lodged  at  ^ 
Amsterdam  Ordinary.  That  about  five  Weeka 
after  captain  Vratz  came  and  lodged  in  the 
next  room  to  him,  and  in  a  few  days  made  an 
acquaintance  with  him,  and  said  to  him,  It  is 
dear  living  here,  but  as  long  as  I  stay  it  shafl 
cost  vou  nothing.  This  place  is  dear,  1  will  go 
and  fodge  at  another  place.  Acx»rdingly  they 
went  to  an  house  in  St.  Nicolas  lane,  where 
the  captain  paid  for  him.  Tbat  the  captain 
told  hira,  he  had  a  quarrel  with  a  gentleman 
with  whom  he  would  nght,  and  that  be  wanted 
a  good  servant  or  two.  That  abgut  l4  days 
alter  the  captain  went  out  one  morning,  saying 
he  woulci  return  in  the  afternoon,  but  that  he 
sent  for  his  bdots,  and  came  not  again  ;  that  a 
certain  taylor,  who  wrought  for  me  captain, 
came  and  discharged  the  lodgings.  That  the 
Sunday  following  he  received  a  letter  from  the 
captain,  excusing  his  going  away,  and  saying 
be  would  return  in  eight  days/  but  he  came 
not  in  nine  or  ten  weeks,  that  in  the  said  letter 
ihe  captain  directed  him  to  go  and  lodge  at  the 
Amsterdam  Ordinary,  or  one  Back's,  saying 
he  would  defray  his  charges.  That  the  captain 
came  to  town  again  a  clay  or  two  after  the 
Morocco  ambassador  had  been  to  see  the 
gfuards  in  Hyde  Park.  That  the  examinate  thea 
meeting  the  abovementioned  taylor  (who  is  now 
prisoner)  with  the  captain's  sword,  which  be 
knew,  the  taylor  told  him  the  captain  de^red 
he  would .  come  and  see  biro  ;  that  be  accord- 
ingly went,  but  nothing  past  between  them 
then  of  any  moment.  That  the  next  day  the 
captain  came  to  him,  and  began  to  disconrsa 
again  about  his  quarrel,  repeating  that  he 
wanted  a  good  .servant  -or  two,  for  he  would 
fight.  That  about  9  or  10  days  affo  the  captaia 
told  him  he  should  have  a  goou  servant  sud« 
denly ;  and  that  if  he  this  examinate  would 
assist  him  the  captain,  he  would  make  his 
fortune.  That  the  captain  gave  him  money  t» 
buy  a  musquetoon,  which  he  did  accpi^ingly* 
That  this  day  sevennight  the  captam  boi^^ 


U$]   STATE  TRIALS,  UCuamlUb  II.  t68t««^rrM/  of  Cemi  Omingturk    [IM 


three  hones,  aad  the  tey  after  said  to  this  ^ 
•tamitttfte,  I  ttiust  h«t«tlie  rOgfHe  tiow.  Next 
day  hem^  Saiiday  about  noon,  ithen  the  P6- 
Ibddfer  catbe  th«  caMam  said  to  this  enmiitate, 
Mttw  I  hat«  got  a  bftt^«  M<m$  and  bo  liie 
captain  went  to  the  Polander  into  anotheir  hmmh, 
•M  wheii  ha  oasie  buk  to  this  ^EaitoiiMtie,  he 
•aid  lobiiB)  this  Is  «  bntve  lUloir  mdeed*  f<rr 
lie  says  thoae  that  will  Hot  fi^ht  must  be  killed. 
That  ailer  dinner  Uie  oaptain  s^nt  out  one  oT 
hte  s^hii^ants  to  know  whether  the  gentliniiftii 
Wkh  whom  be  had  a  i^ar^el,  went  out,  that 
the  serraat  kought  word  he  was  gone  out, 
whereupon  the  captain  put  on  hisMoto,  and 
cent  this  eKaninotefor  two  horses,  t6  be  brought 
to  the  Bladk  Bull  in  Holbom ;  soon  ailer  which 
another  person  brought  a  third  horse,  and  then 
the  captain,  the  jPolander,  and  this  examinate 
got  on  horseback,  and  went  towards  Charing- 
otoss,  and  hanng  gone  ftirther  in  the  PaUmdl, 
this  examinate  bein^  about  ten  yards  behind  the 
coach  (which  he  had  met  apd  passed)  heard  the 
captain  say  stop  or  halt  to  the  coecfatnan,  and 
presently  heard  a  shot,  and  saw  tiie  fire,  upon 
which,  he  turned  abaut,  and  saw  the  other  two 
persons  ride  away  whom  he  followed* 

The  examinate  bemg  gone  out  of  the  Toom) 
and  desirioff  to  be  brought  in  agiin,  forther 
paid,  that  &e  captain  hath  often  told  him,  that 
he  would  giro  two,  Uiree,  or  ftur  hnndrad 
crowns  to  £md  a  man  to  kill  Mr.  Thynn. 

His  further  EXAMINATION,  taken  the  igth 
of  February,  1688. 

Hesaitli  that  he  had  it  in  his  thoughts  twice 
la  go  to  Mr.  Thjrnn  and  acquaint  him  that  to 
^  cafytain  was  resolved  to  kUl  him.  That  the 
'  captain  desired  him  to  get  an  Italian  that 
would  9tab  a  man,  and  that  he  this  examinalc 
would  get  two  poniards  made :  and  aakinff  the 
captain  bow  he  would  have  them  tMule  r  the 
captain  took  pen,  ink,  and  paper,  and  made  a 
drought  of  them,  adding  that  if  he  could  find 
.  sUoh  an  Italian,  he  would  ^Te  him  three  or 
fsnr  hmnlred  erowns,  that  tbis^  was  before  the 
Polottder  came  over.  l%at  upon  the  same  day 
when  the  muider  was  committed,  the  captain 
hid  him  charge  the  musauetoon  with  fifteen 
boUets,  whereupon  he  repued,  that  then  they 
ahauM  kill  the  footmen,  and  aU  about  the 
coach;  the  captain  answered,  it  matters  not 
lor  that.  That  this  examinate  charged  two 
pistols  »one,  hut  put  only  *five  or  aix  hnllets 
m  the  muaywLtnon.  That  some  cf  the  baUeis 
were  wrspt  op  in  rags,  with  roain  powdered, 
which  Wovkl  bnm.  That  he  heard  the  cap- 
tain cay  (as  he  tbkks  to  the  PoUmderUfaflit  if 
tiw  dove  ot*Nonnioutfi  were  with  Mr.  Thynn, 
■dthing  HivBt  he  done.  That  the  capaain  told 
hbs,  ?  he  would  assist  him  in  this  hnsineas, 
he  wccM  pTtwuK  Um  the  oommand  of  a  com  - 

Ky .  That  he  sitting  one  day  melanehdy  by 
mMt  the  oaptain  came  to  him,  and  aaked 
himwhsEthasiMd?  Wheieupon  this€inroinaa;e 
■aid,  that  he  had  dreamed  that  four  dogadid 

1«t  hias,  hot  that  two  were  chaiiiad,  and  the 
HTOmght  hohl «f  ^;  upo^  which  Ihe 


eaptahi  steiied  oonoemed,  but  presentfy 
pMcked  out  a  letter  which  Was  signed  Conmgc-* 
mai^  m  which  was  eaipresaed  that  the  count 
gnre  the  teptain  fnll  poWr  to  dispoae  of  tii« 
captain.'ti««ftenant*s  place  of  his  regmiettt,  say- 
hiff  at  the  same  thne  (Ibis  .^caminate  not  beim^ 
Wtftingto  receive  the  letter  at  Ifirst),  What  do 
yon  Imnk  I  Would  he  one  of  the  dogs  to  bite 
MT  deeelte  you  f  That  he  afleruards  saw  Co* 
wante  the  end  of  the  letter  the  figures  of  ^MM> 
(which  he  thinles  was  to  expt«to  rilt  dollars) 
Imt  what  they  concerned  or  rehited  to,  he 
knows  not,  for  being  he  had  seen  the  power 
to  dispose  o(  the  coffipany,  he  read  no  fhrther. 

JoH^i  ReR£SBT. 
WnxUM  BUDGMAM. 


kai* 


THE  EXAMINATION 


OF 


GEORGE  ^OROSKY, 

A  Polaiider,  the  17th  of  February,  1683,  before 
Sir  J.  Reresby,  bait.,  and  William  Bridg- 


man,  esq.,  two  of  his  Majesty^s  Justices  ^f 
the  Peace  for  the  county  of  Middlesex. 

Who  saith,  That  he  came  into  England  by 
the  desire  of  count  Coningsmaric,  (expreMea 
Id  him  by  his  merchant]  at  HBmbui;^h)  hot 
knew  not  for  what  cause ;  but  afU»>  he  came, 
eottUt  Coningsmark  told  him  on  Satniday  the 
11th  instant,  that  he  had  a  quarrel  witn  an 
Eqglish  geiMlemaa  that  had  set  six  persotts 
upon  him  upon  the  road,  in  which  conflict  he 
was  wounded,  and  two  of  the  assailants  weie 
killed.  Therefore  since  the  said  Mr.  Thynn 
did  attempt  for  to  kill  him,  he  would  make  afk 
end  of  it.  He  further  said,  to  morrow  will 
come  a  certain  sertant  to  conduct  yon  to  the 
oaptain,  and  what  he  bids  you  to  do,  that  yoti 
are  to  obeerre.  That  a  person  oanfO  on  Sun- 
day morning  about  11  o'clock  accordingly,  anQ 
carried  him  to  another  house,  where  he  found 
the  person  that  conveyed  him  to  tlie  captain, 
who  toM  him  that  he  mi^  do  what  he  hid  hhn 
to  do,  giving  him  a  muequetoon,  a  case  cf  nislak 
and  a  packet  pistol,  he  having  a  sword  before 
riven  him  by  the  count ;  and  the  captain  fifr* 
nier  added,  repeating  k  five  or  six  times,  wheh 
we  ^  out  together,  if  I  stop  a  coach,  do  yon 
fire  inlo  it,  and  then  follow  me.  They  accord* 
ingfly  took  horse,  amd  when  they  itaet  the 
OMch,  Ihe  oaptain  having  a  pistol  in  his  hand, 
cried  la  the  coach,  hold,  and  at  the  same  time 
bid  this  examinate  fire,  which  he  #1  accordiiM^ 
ly .  That  he  being  finther  examined  as  to  Mr. 
Hanson's  knowing  any  thing  of  this  matter, 
he  saith  he  dodi  not  know  that  he  doth.  That 
as  to  the  arms,  there  was  a  blundeihnss,  two 
swords,  two  psff  of  pistols,  three  pocket  pietoh, 
two  pair  of  boots  tied  up  together  in  a  land  of 
sea-bed,  and  dehvcired  to  l>r.  Dnbsnrfin  a 
German  dociar,  who  reoeived  them  at  his  ow^ 
house,  Jtmn  Reuksby 

William  Bmdoiun. 


\Vil      STATE  TRIALS^  34  Chaum  IL  16t%^^'md  MiBr$,Jbr  Murier.      [itS 


fiKUABKS  on  the  Trial  of  Count  CoMD^oiikARi:,  by  Sir  Johk 
Hawi^e3^  SoUcitor-Geueral  in  the  Beign  of  King  William  the 
Third. 


I  ikmk  fit  t6  remnwifcnr  m  tfaa  ttmc  raepD, 
AoQgii  before  tbb  time,  one  oaBe,  to  Arm  kow 
tbe  coHFta  of  jv^ice  were  reniitt  m*  vioksit, 
teeordng  to  Im  mlijeet  matter. 

All  will  agree  that  the  mufder  of  Mr. 
Thyme  was  one  of  tiie  most  barinrons  and 
ioiMHleBt  murdem  that  ever  was  eommitted ; 
iM  of  tliat  murder  oonad  ComDgsiiark,  thoogli 
he  escaped  ponisbmeDt,  was  the  most  guilty. 

I  do  not  oom[dain  that  in  that  trial  the  chief 
joitice  direelcd.the  piiaoner  the  way  to  make 
the  king^s  eoimsel  anew  tfaecauae  or  cfaaHenge 
aeaittst  the  penons  called  on  the  jury,  and 
ifafleoged  ibr  ihe  kingr,  without  asT  reason : 
It  was  his  duty  so  to  do;  and  he  ouctit  to  have 
diieded  Fitmharris  the  same  method  which  he 
did  not:  but  he  was  Blameabie  that  he  did  not 
ask  the  iieutoiabt  and  Polander  what  they 
had  to  any  for  themselTes,  which  was  always 
done  before  and  since  that  time,  and  ought  to 
be,  which  was  an  injustice;  %nd  therefore  two 
of  the  prisoners  at  the  time  of  their  sentences 
flud,tbeyweie  never  tried,  though  I  beKeve 
no  gre«t  injary  to  them,  because  they  had 
little  or  nothing  to  have  said  for  themselves. 

But  if  they  liad  been  asked,  they  would 
have  said,  as  tney  did  before  their  trials  to  ^be 
justice  of  peace  who  committed  them,  and  as 
ifaey  ^d  aHer  their  oondemnationfl,  that  count 
Coninesmark  put  them  upon  doing  what  they 
did,  whidi  might  have  iimiienced  the  jury  to 
have  found  the  oount  guilly,  which  was  con- 
trary to  the  design  of  the  court ;  and  it  was 
ftrthe  same  reason  the  chief  justice  would 
not  permit  the  justice  of  peace  to  read  the 
essmination  of  Stem  and'Boroeky. 

1  da  agree^  that  what  they  said  before  the  jus- 
tice of  peace  was  not  evidence  against  the  oonnt ; 
I  agree  that  the  count  being  imUcted  and  tried 
as  aoeeasavy,  at  the  same  time,  the  principals 
wcra  indicted  and  tried,  tiie  principals  couM 
not  be  good  witness  against  the  count,  be- 
cause properly  a  principal  ou^t  to  be  opn- 
victed  before  the  accessory  be  tried  ;  and  there- 
fore, though  for  expedition  both  are  ti'ied  toge- 
ther, yet  the  verdict  always  is,  and  ought  to  be 
given  against  the  principal,  before  that  of  the 
accessory. 

But  I  deny  what  was  in  that  trial  hud  down 
ftr  law,  that  tiie  aiccessery  being  in  the  same 
iaSctraent  with  the  principal  must  be  tried  at 
the  sane  time.  It  is  tme,  the  count  desired 
his  trial  might  be  put  off  for  two  or  three  days, 
vhieh  the  court  knowing  what  was  best- tor 
tbe  count  denied,  and  not  for  the  above  pre- 
teamed  reasans;  for  an  indictment  against 
many  may  be  joint,  ^nd  yet  the  trials  may  be 
isferal  ^  Ae  truth  is,  in  such  cases  the  indict- 
SaeBl  ia  joint  and  several. 

AappMe  the  neeeasory,  at  the  triah  of  the 


prine^nla,  had  not  bean  in  custody;  wiO  any 
person  say,  that  if  aftetwaids  he  was  taken, 
ho  canH  l»e  triad  upon  that  indkstment  in  which 
he  was  joined  with  the  principals  P 

Bui  basidca  a  hundred  pteoedents  not  printdl 
there  is  the  case  of  George  Salisbury  et  al<  hi 
Plowden,^  )00.  whete  il  was  lesohod  thikl 
though  an  iadietnont  against  many  is  jomt^ 
yet  ttie  Venire  may  he  senaral  against  each 
person  and  consequently  the  trials  may  be  se- 
veral ;  and,  if  so,  then  the  times  of  the  toiala 
nw^  be  several;  but  that  which  into  be  o6qi. 
plainedof  is,  that  the  count,  in  the  opinion  of 
allnaankind,  at  that  time  andsinee^  was  the 
most  guiHy  man ;  yettheoare  taken  to  pniush 
the  less  guilty,  as  Stem  and  Borosk^,  was  in 
order  to  let  the  most  ffuflty  escape ;  lor  I  think 
both  Stem  and  Borosky  might,  tod  would  have 
been  good  witnesses  against  the  count,  if  the 
court  would  have  permitted  it.  The  count 
might  have  been  indicted  as  accessory  to  Vrats 
only  ;  for  the  accessory  to  all  the  principals  is 
accessory  to  every  of  them  severally :  ana  when 
the  court  in  their  private  consciencen  were  sa- 
tisAed  the  count  was  most  guilty,  they  ought 
to  have  been  cunning,  astuti^  as  my  lord  Ho- 
bart  calls  it,  to  have  brought  him  to  punish- 
ment. But  it  was  said,  Stcra  and  Boroskjt 
being  indicted  of  the  same  crime  with  the 
oount  th^  could  not  be  good  witnesses  against 
him,  which  I  think  is  no  more  law  than  truth : 
Truth  it  wasitot,  for  the  count  was  indicted  a* 
accessory,  the  rest  as  principal^.  But  takinr 
it  that  idl  were  indicted  and  tried  as  priqctpaB 
for  the  same  fact  at  the  same  time,  why  i$  not' 
the  evidence  of  the  one  good  against  the  other  f 
First,  I  think  there  is  no  express  resolution  fhr 
that  point  of  law,  but  a  late  rule  given  nl 
Kingston  assizes  upon  the  tri^l  of  a  nyud  aiid 
one  Saterwaite  |br  bummg  of  an  boose  ^  and 
therelbre  there  is  a  Uberty  to  examine  hf  rea- 
son how  the  law  is.  I  agree  if  a  man  is  iq- 
^cted  and  tried  for  kSKng  onother,  he  shall 
,  not  be  admitted  to  say,  Bf  did  it  by  himself^ 
but  T  think  he  may  be  a  good  witness  to  prove 
that  he  and  B.  did  it ;  thaf  is  to  say,  he  shall 
not  give  any  evidence  against  anotner,  which 
tends  to  acquit  himself  as  well  as  accuse  ano- 
ther; and  I  think  he  m^y  give  erid^nee  whi^^ 
accuses  another  of  the  same  crinte  wliereof  he 
is  indicted,  if  it  doth  not  teiid  to  acqi^  him-> 
self. 

For  it  is  egreed  on  dl  hands,  that  behi^ 
guilty  of  the  i^me  crime,  doth  not  disahlQ.  a 
witness ;  for  then  Kumsey  ^nd  several  pi^on^ 
in  the  lord  Bussers  plot,  aa  it  waa  called,  haff 
not  been  good  witnesses.  In  the  ne)[t  plaoo, 
the  circumstance  of  an  indictment  against  tbO 
witnesses  for  the  same  thiiK^he  testifies  againirt 
another,  do  not  disable  him;  Widdrington  was  ln< 


127]  STATE  TRIALS,  34CHAftLBS  tl.  l6li2^^Trial  of  Lord  Grey  and  ctken,  [129 


dieted  for  the  same  thinffs,  of  which  he  gare  en  • 
dence  against  several  otners  as  his  complices  in 
robberies.  Nay^tbelaw  hath  given  somewhat 
more  .credit  to  the  evidence  of  a  person  bdicted 
as  a  witness  of  the  same  thinffs  against  others, 
than  it  does  to  a  person  not  indicfeed ;  as  in  the 
casepf  an  approver,  which,  as  Stamford  (S.  P. 
C.  Lib.  S.  c.  53.)  says,  was  a  penon  in  prison 

Siot  at  large)  for  the  fact  for  which  he  was  in- 
ctod,  arraigned  upon  an  indictment,  or  an 
appeal  of  felony,  who  before  a  coroner  assigned 
hy  die  court,  confesses  himsell'  gnflty  of  the 
felony  of  which  he  is  indicted,  and  not  of  any 
other,  and  confesses  other  persons,  naming  them 
as  coadjutors  with  him  in  committing  the  crime 
of  whicii  he  is  indicted,  and  not  <jf  any  other 
crime ;  so  much  credit  shall  be  given  to  that 
confession,  that  process  shall  be  made  out 
«ffainst  the  person  impeached,  who,  if  taken, 
aball  be  arraigned  on  that  opproTement,  as  if 
an  indictment  by  a  grand  jury  had  been  found 
against  him :  and  if  the  law  gives  so  much 
credit  to  an  approver,  I  think  no  person  can 
shew  me  a  reason  why  a  person  indicted  is  not 


a  good  witness  against  pother  ibr  the  ssima 
crime. 

It  is  true,  Stamford  (8.  P.  C.  lib.  2.  c.  58.) 
says,  if  the  king  jg^ves  an  approver  a  pardon^ 
he  is  a  good  witness  ;  which  implies,  that 
otherwise  he  is  not :  But  it  must  be  considered, 
that  the  reason  of  that  is,  that  an  approver 
being  indicted,  as  he  always  is,  and  conressihg' 
the  indictment^  is  convicted ;  and  a  person  con* 
victed  of  felony  cannot  be  a  witness  till  par- 
doned. But  it  will  be  no  argument  why  Steam 
and  Borosky  had  not  been  good  witnesses 
against  the  count  before  they  were  convicted  ; 
and  it  was  a  like  piece  of  justice,  that  whereas 
the  count  wa^  the  moat  guilty,  he  was  ac- 
quitted. 

Vratzbeingthe  next  greatest  offender,  was 
honourably  interred,  and  Stem  and  the  Pom 
lander,  who  were  the  least  offenders  in  that 
matter,  were  hanged  in  chains. 

It  was  somewhat  like  the  new  England  law, 
remembered  by  Hudibras,  (Part  2.  Canto  S.)  of 
hanging  an  useless  innocent  weaver  for  aa 
useful  guilty  cobler. 


C90.  The  Trial  of  Fohd  Lord  Grey  of  Werk,  Robert  Charnock, 
Anne  Charnock,  David  Jones,  Frances  Jones,  ai^d  Re- 
becca Jones,  at  the  KingVBench,  for  a  Misdemeanor,  in 
debauching  the  Lady  Henrietta  Berkeley,  Daughter  of  the 
Earl  of  Berkeley :  34  Charles  II.  a.d,  1682* 


There  having  been  an  Information  nie- 
f erred  against  the  right  honourable  Ford  lord 
Grey  of  W^rk,  and  others,  by  his  nu^enfy's 
attorney -general  sir  Robert  Sawyer,  the  first 
day  of  this  Miohaebnas-Term  ;  and  the  lord 
Orey  having  then  pleaded  to  it  Not  Guilty, 
and  the  other  defendants,  the  like  afterward, 
and  the  king's  attorney  joined  issue  upon  it ; 
Tuesday  the  S  1st  of  November  16&2,  was  ap- 
{MMnted  for  trial  of  this  cause ;  but  it  was  then 
a4ioumed  to  this  day,  because  one  6f  the  wit- 
nesses fiir  the  king  was  not  ready ;  but  this 
day  it  came  on  about  nine  in  the  morning  at 
the  King's- Bench-bar,  and  hdd  till  two  in  the 
afternoon,  all  the  judges  of  the  said  Court  bein^ 
present :  viz.  Sir  Francis  Pemberton,  C.  J.  sir 
Thomas  Jones,  sir  William  Dolben,  and  sir 
Thomas  Raymond. 

First,  Proclamation  was  made  for  silence, 
and  then  for  information,  if  any  person  could 
give  any,  conoeming  the  misdemeanor  and 
offence  whereof  the  defendants  stood  im- 
peached :  then  the  defendants  being  called, 
and  appearing,  were  bid  to  look  to  their  chal- 
lenges, and  the  jury  being  all  gendemen  of  the 

*  See  Emlyn's  Preface,  vol.  1,  p.  xzxIf,  of 
ftu9  Collection.  4  Bkdutone's  Conunenta- 
/ies  0^,  and  Mr.  Christian's  Note.  4  Hawk. 
Pleas  of  the  Crown,  p.  409.  410,  7tli  edition, 

a  Leach,  and  the  books  there  cited.   East's 
Cr.  chap,  il,  sect  10,  chap.  9,  sect,  3. 


county  of  Surrey,  were  called,  challenged  and 
sworn  in  this  oraef. 

CL  of  Cr,  1.  Sir  Marmaduke  Gresham ;  i 
Sir  Edward  Bromfield ;  S.  Sir  Robert  Knight- 
ley;  Sir  John  Thompson. 

Serj.  Jefferiet.  We  challenge  him  for  tha^ 
king. 

Mr.  Holt.  Then  we  challenge  tauti  per 
atfaiUy  unless  the  king  shew  his  cause  of  chd- 
lenge ;  for  by  the  statute  of  24  Ed.  1,  the  king 
cannot  challenge  without  cause. 

Seirj.  J(^.  But  by  the  course  of  practice,  all 
the  pannel  must  be  called  over  before  the  long 
shew  his  cause. 

Mr.  Attorney  Oeneral.  (Sir  Robert  Sawyer) 
Before  the  party  can  have  his  challenges  al- 
lowed, he  must  shew  his  cause;  but  they 
must  go  on  with  the  pannel  in  the  king'^  case, 
to  see  if  the  jury  be  full  without  the  persona 
challenged,  and  that  is  sufficient. 

X.  C,  J.  (Sir  Francis  Pemberton.)  If  they 
challenge  any  persmi  for  the  kiiu^ ,  they  must 
shew  cause  m  due  time.  For  I  take  the  couise 
to  be,  that  the  king  cannot  challenge  without 
cause,  but  he  is  not  bound  to  shew  his  causa 
presently  ;  it  is  otherwise  in  d^  case  of  ano- 
ther person. 

Serj.  J#  That  hath  always  been  the  re- 
gular  course. 

Mr.  Holt.  Our  challenging  toutg  per  availe^ 
doth  set  all  the  rest  aside  til!  cause  be  shewn. 

JLC.J.  The  statute  is,  the  king  shallahev 

a 


TRIALS, 


^     li^^^^J"  !i.^u"^**S  I  n<>"«ble  Ford  lord  Grey  of  Wei*;   Robert 
aiKi  m^er  wrty    that  they  botK    Chamock.  late  of  the  paVish  of  sT-BotohA, 

flhRll  «hew  «„«.    Aldeate,  London,  gent  Anne  Chamock,  Wife 

of  the  said  Robert  Chamock  ;  David  Jones, 
of  the  parish  of  St.   Martin-in-the- Fields,  in 
the  county  of  Middlesex,  raiUiner  ;    Frances. 
Jones,  wife  of  tlie  said  David  ;  and  Rebecca 
Jones,  of  the  same,  widow ;    for  that  they 
(with  divers  other  evil-disposed  persons,  to  the 
said  attorney  general  yet  unknown)  the  20tk 
day  of  August,  .in  the  34th  year  of  the  reign 
of  our  sovereign  k)rd  the  king  that  now  is,  and 
divers  other  days  and  times,  aa  well  before  a^ 
after,  at  the  parish  of  Epsom  in  the  county  of 
SuiTey,    falsely,    unlawfully,    unjustly,    and 
wickedly,  by  unlawful  and  impure  wajs  and 
means,  conspiring,  contri\  ing,  practising,  and 
intending  the  final  ruin  and  destruction  of  tlie 
lady  Henrietta  Berkeley,  then  a  virgin  unmar- 
ried, within  the  age  of  10  years,  and  one  of  the 
daughters  of  the  ri^lit  honourable  George  earl 
of  Berkeley  (the  said  lady  HenrietU  Be^eley , 
then  and  there  being  under  the  custody,  go- 
vernment'and  education  of  the  aforesaid  right 
honourable  George  earl  of  Berkeley  her  father) 
they  the  said  Ford  lord  Grey,  Robert  Char- 
nock,  Anne  Chamock,  David  Jones,  Frances 
Jones,  and  Rebecca  Jones,  and  divers  other 
persons  unknown,  then  and  tliere  falsely,  un- 
Ia\vnUly,  and  devilishly,  to  fulfil,  perfect,  and 
bring  to  effect,  tlieup  most  wicked,  impious, 
and  devilish  intentions  aforesaid  ;  the  said  lady 
Henrietta  Berkeley,    to  desert  the  aforesaid 

H.  B.  ad  deferend'  prefat'  prenobifem  G.  C  B. 
patrem  pred'  Dom'  H.  et  ad  Scortac'  fornicat* 
et  adulteiium  committend'  et  in  scortat' for- 
nicat' et  adulter'  cum  prefat'  F.  D.  G.  (eodeni 
F.  D.  G.  adtunc  et  diu  antea  et  adhuc  marito 
existen'  Dom*  Marie  al*  fd'  pi«d'  prenobir  G. 
C.  B.  et  sorer'  pred'  Domine  H.)  contra  omnes 
leges  tarn  divin'  quam  human*  impie  nequit* 
impure  et  scandalose  vivere  et  cohabitare  tenta- 
ver'  incitaver'  et  solUcitaver'  et  quilibet  eorum 
tunc  et  ibidem  tentavit  incitavit  et  sollicltavit 
Etquod  prcd'  F.  D.  G.  R.  C.  &c.  ac  aP  pei-son* 
ignot'  VI  et  armis,  &c.  iUicite  injaste  sine  li- 
centia  et  contra  voluntat'  preiat'  prenobil'  G. 
C.  B.  in  prosecution'  nefandissimar'  conspirac' 
suar'  pred'  prefat'  Dom'  H.  B.  ibidem  circa 
horam  12  in  nocte  pred'  20  diei  August'  Anno 
suprad'  apod  pred'  Pai-och'  de  E.  m  Com'  S. 


the  king  and  another  party 

challenge,  the  other  pwty  shall  shew'  cause 

first. 

Mr.  Hoi£,  My  loid»  we  challenge  toutx  per 
rntaile. 

'   I^C,  J.  You  must  shew  a  reason  lor  it  then. 

Att,  Gen.  The  king  shall  not  be  drawn  to 
■hew  his  cause,  if  there  be  enough  in  the 
pannel  besides. 

Mr.  Williaam.  That  is  to  say  then,  that  the 
king  may  choose  whom  he  pleaseth  against 
the  statote. 

Seij.  j,^^  No,  Sff,  we  desire  none  but  honest 
and  indiflerent  gentlemen  to  try  this  cause. 

H.  C.  J.  The  old  challenge  is  taken  away,  by 
tiiat  statute,  from  the  king,  <  quia  non  *^sunt 
*  boni  pro  Domino  Rege,'  and  therefore  if  the 
long*  ^allenge  any,  he  must  shew  cause,  but 
it  must  be  in  bis  time,  and  not  befofe  you  shew 
your's.     Let  him  stand  by  a-while. 

CL  jtfCr.  John  Sandys,  esq. 

Sag.  Jeff,  We  challenge  him  for  the  king. 

Mr.  HoU.  For  what  cause.  Sir? 

Serj.  Jeff.  We  ^ill  tell  you  in  good  time. 

CI.  ofCr,  4.  Sigismund  Stiddulph  ;  John 
Weston. 

Mr-  Weston,  My  lord,  I  ani  no  freeholder. 

Mr.  Holt.  He  challenges  himself. 

i.  C.  J.  WeD,  he  must  be  set  aside., 

a.  cf.  Cr.  5.  Thomas  Vincent ;  6.  Philip 
Rawleigh  ;  7.  Robert  Gavel;  8.  Edward 
Bray;  9.  Thomas  Newton ;  10.  JohnHalsey^ 
11.  Thomas  Burroughs,  and  12.  John  Petty- 
ward.  • 

CL  qfCr,  Gentlemen,  you  of  the  jury  that 
are  sworn,  hearken  to  your  charge. 

Surrey  a.  Sir  Robert  Sawyer,  kt.  his  ma- 
jesty's attorney  general,  has  exhibited  an  In- 
formation* in  this  Court,  against  the  right  ho- 


*  The  Ldtin  Indictment  runs  thus : 

Rex  vertus  Dom'  Gray. 
Mich.  d4  Car.  Secundi.  Rot.  1. 

If.  Oood  Ford  Dom'  Gray  de  Wark  R.  C. 

Duper  de,  &c.  Gen'  A.  C.  Ux'  pred'  R.  C.  D. 

J.  F.  J.  ux'  pred'  D.  J.  et  R.  I.  cum  divers' 

al'   male  dispoit'  p'son'   eidem  Attorn'  dicti 

Dom'  Regis  nunc  general'  adhuc  incognit'  20 

die  Augtusti  Anno  uegni  Dom'  Caroli  secundi 

nunc  Reg^  Angl*,  &c.  34  et  divers'  aP  dieb'  .  -~^ ^ ^„^„    *  «.«^„    «^  «.  ^  v^^m   „, 

et  vidbus  tam  antea  quam  postea  apud  Pa-    pred'  e  domo  mansional'  pred'  prenobiP  G. 

roch'  de   Epsom  in  Com'  Surr'  ialso  illicitc    C.  B.  ibidem  scitu^t'  et  existen'  et  e  custod'  et 

Regimine  ejusdem  G.  C.  B.  ceper'  asportaver' 
et  abduxer'  Et  pred'  Dom'  H.  B.  a  pred'  20 
die  August!  Anno  suprad'  et  continue  postea 
usque  diem  exhibition'  hujus  information  apod 
Paroch'  de  E.  pred'  in  Com'  pred'  et  in  divers' 
locis  secret'  ibidem  cum  prefat'  F.  D.  G.  illi- 
cite  nequit'  et  scandalose  vivere  cohabitare  et 
remanere  procuraver'  et  cansaver'  et  quflibet 
eorum  procoravit  et  causavit  in  Magn'  Dei 
Omnipotent'  displicent'  Ad  ruin  am  et  destruc- 
tion'preiat'  D.  li.  B.  et  amicor'  suorUra  tiis- 
titiam  et  disconsolat'  in  malum  st  pernitiosvuu 
exemplu',  ice,  Und«,  &c,  * 

K 


iapiste  et  nequissime  per  illicitas  et  impuras 
Tias  et  medias  conspiran'  machinan'  practican' 
etiatenden'  final*  ruinam  et  destruction'  Do- 
mine Henriet'  Berkley  tunc  Virgin*  innunt' 
iaSn  etatem  18  Annor'  et  un'  iilia'  prenobilis 
G.  Conit'  Berkley  (eadein  Dom'  H.  B.  tunc 
et  ibidem  sub  custod'  Jl^mine  et  educat' 

wnenobi" 

frdDc 

J- — «    ignot* ^ 

joste  et  diabolice  ad  nequissimas  nefandissimas 
et  diabolicas  intention'  suas  pred'  perimplend' 
peifidend'  et  ad  effectum  redigsod'  pred'  Dom' 
roL  IX. 


131]  STATE  TR1AL8, 34  CttAfttE3  II.  l68S.— Tria/  6f  Lard  Grey  and  tfthrB,  [1  S« 

right  honouraible   George   earl   of  Berkeley, 
father  of  the  atbresaid  lady  Henrietta  ;  and  to 
commit  whoredom,  fornication,  and  adultery, 
«nd  in  whoredom,  fornication,  and  adultery, 
to  live  with  the  aforesaid  Ford  lord  Grey  (the 
6aid  Ford  lord  Grey,  then  and  long  before, 
and  yet,  beinj?  the  husband  of  the  lady  Mary, 
another  dan^ter  of  the  said  right  honourable 
Cicorci'e  earl  of  Berkeley,  and  sister  of  the  said 
lady  iTenrietta)  ag;ainst*all  laws,  as  trell  divine 
to  nninan,  impiously,  wickedly,  impurely,  and 
«c&iidalously,  to  Kvc  and  cohabit,  did  tempt, 
invite,  and  solicit,  and  every  of  them,  then 
and  there,  did  tempt,  invite,  and  solicit.    And 
that  th^  aivresaid  Ford  lord  Grey,  Robert 
Cfaamock,    Anne   Chamock,   David   Jones, 
Frances  Jones,  and  Rebecca  Jones  and  Olher 
persons  unknown,  with  force  and  arms,  &c. 
unlawfully,  unjustly,  and  t^ithont  the  leave, 
and  a^fainst  the  will  of  the  afoi>^d  right  ho* 
iiourable  Oetfr^  eail  of  Befketey,  in  nrosc- 
cutron    of  their   most    wicked   cimspiracies 
aforesaid ;  the  said  lady  Itenrietta  BtHteley, 
ihen  and  there,  about  tnC  hour  of  t^'elve  m 
tlie  night-time,  of  the  said  20th  day  of  August, 
in  the  year  aforesaid,  M  Ihe  afortsaid  parish 
ff  Epsom  hi  the  county  of  tSftrrey  afbresaid, 
«nt  of  the  dwefling-house  of  thfe  said  right 
fcononrable   George   earl  of  Berkefry  there 
iitimte  and  being,  and  offt  of  tlie  custod}'  and 
govcrnnrent  of  the  said  carl  of  Berkeley,  did 
take,  cany,  and  lead  away.     And  the  said 
lady  Henrietta  Berkeley,  hotn  ihe  said  20th 
day  of  Aunpust  in  the  yeJtr  aforesaid,  and  con- 
tinually afterwards,  onto  the  day  of  the  exhi- 
bition of  this  information,  at  the  parish    of 
Ej>som  albresaid,  in    tlie  county  of  Surrey 
aforesaid,    and   in  divers  secret  places  there 
with  the  said  Ford  lord  Grey,  imlawfully,  wick- 
edly, and  scandalously  to  live,  cohatnt,  and 
remain,  did  procure  and  cause,  and  every  of 
them  did  procure  and  cause,  to  the  great  dis- 
pleasure of  Almighty  God,  to  the  ruin  and 
destruction  of  the  said  lady  Henrietta  Berke- 
ley, to  the  grief  and  sorrow  of  aU  her  ii-irnds, 
and  to  the  evil  and  most  pernicious  example  of 
all  others   in  the  like  case  offciidinsr;    and 
a^.unst  the  peace  of  our  Haid  80Ter€;i,Ti  lonl  the 
kin^',  his  croAvn  and  dijnjitv.     To  this  infor- 
mation,  the  defendant,  ihc  lord  Grey,  and  the 
other  defendants,  have  Kcverally  pleaded  Not 
Guilty,  and  for  their  trial,  have  put  iliemselves 
lij)on  the  country,  and  the  king's  attorney  like- 
wise, Hliich  country  you  are  :  your  chai^'  is 
tp  enquire  whether  the  defendants,  or  any  of 
them,  are  Guilty  of  the  ofl'ence  and  misde- 
meanor whereof  they  stand  impeached  by  this 
informatiou,  or  not  Guilty  :  if  you  find  tiiem, 
or  any  oftliem,  Guihy,  jou  are  to  say  so  ;  if 
you  ftnd  fliem  or  any  of  them,  not  Guilty,  you 
are  to  say  so,   and  no  more,  and  hear  your 
evidence. 

[For  which  evidence  to  come  in,  proclama- 
tion was  iiiade,  and  then  Edward  ^i^uith,  tf^, 
a  Bt?n(lier  ofilie  i^Iiddk-Temnle,  oiiened  the 
iHtormaiiou.]    . 


Mr.  Smith,  May  it  nlease  y onr  lordship,  and, 

gnitlemen,  you  of  tiie  Jury ;  Mr.  Attorney 
eneral  hath  Exhibited  an  information  in  this 
court,  against  Ford  lord  Grey  of  Werk,' Ro- 
bert Chamock,  Anne  ChamocK,  David  Jones^ 
Frances  Jones,  and  Rebecca  Jones,  wherein 
is  set  forth.  That  the  defendants,  the  90th  of 
August,  in  the  d4th  year  of  this  king,  at  Ep- 
som, in  your  county,  did  conspire  the  ruin  and 
titter  destruction  of  the  lady  Henrietta  Ber-^ 
keley,   daughter   of   the    right    honourabte 
George  earl  of  Berkeley  ;  and  for  the  brin^in^ 
about  this  conspiracy,  they  have  ticdncod  her 
to  desert  her  father's  house,  thoQgh  she  be 
under  tlie  age  of  18  years,  and  under  the  cus- 
tody and  governmoit  of-  her  fkthfer  ;  and  so- 
licited her  to  commit  whoredom  and  adultery 
with  rtiy  lord  Grey,  who  was  before  married  to 
the  lady  Mary,  anothdr  danghter  of  the  earl  of 
Berkeley,  and  sister  to  the  lady  Henrietta. 
That  alitcr  fhey  had  thus  inveigled  her,  they 
did  upon  the  same  30ih  day  of  August,  carry 
heir  away  Out  of  the  Ivouse,  without  the  earl^ 
licence,  and  against  Ims  will,  to  the  intent  di« 
might  live  an  ungodly  and  dishonourable  fife 
tViUi  my  lord  Grey.    And  aftet  they  had  thu» 
carried  ner  away,  they  obscured  her  in  secret 
places,  and  shifted  abottt  from  place  lo  ptacc, 
and  continued  this  course  of  life  ever  since. 
And  thbtiie  infonnation  says,  is  to  the  dis- 
pleasure of  Almighty  God,  the  litter  roin  of 
tlie  young  lady,  tne  grief  and  affiictiou  of  her 
fiiends,  the  evd  example  of  all  others  in  the  liktt 
case  offending,  and  against  the  king's  peace^ 
his  crown  and  dignity.    To  this  all  thes6  de- 
fendaofs  have  pleaded  Not  Guilty  ;  if  we  shall 
prove  them,  or  any  of  them,  Guihy  of  any  of 
the  matters  charged  in  this  information,  yon* 
shall  do  well  to  find  them  Guihy. 

Att.  Gen,  My  lord,  and  gentlemen  of  tha 
jury,  the  course  of  our  evidence  will  be  this  ; 
That  this  unhappy  gentleman  my  lord  Orey^ 
has  for  four   years  togetlser,   prosecuted   aa 
amour  with  this  young  lady  ;  and  when  it 
came  to  be  detected  (some  little  accident  dia- 
covering  somewhat  of  it)  my  lady  Berkeley 
did  find  there  was  some  bnsiness  of  an  extra- 
ordinary  nature  between  tbem,  and  thereupon 
forbid  my  lord  <>rey  her  house.    My  lord 
Grey  he  made  many  pretences  to  my  lady, 
that  he  might  come  to  tt;c  house  to  give  them  a 
visit  before  he  dopartf  c,  being  to  go  into  the 
country ;    and  he   takes  that  opportunity  to 
settle  this  matter  of  conveying  the  young  lady 
away  in  a  very  short  time.     And  early  on  the 
Sunday  rooming,  she  was,  by  Chamock,  ano- 
ther of  the  defendants,    conveyed  from  die 
house  of  my  lord  Berkeley  at  Fpsom,  and 
brought  here  to  I>oudon.     We    shall    in  the 
course  of  our   evidence  ^^hew  how  she  was 
shitleil  from  place  to   place,  and  the  nevend 
pursuits  tluit  wero  made  in  search  af)iei'her. 
We  shall  discover  to  you,   how  she  was  hur- 
ried from  one  lodging  to  anotlier,  for  fear  of 
dis/w  ery.     Nay,  we  shall  prove,  that  my  lord 
Cirey  has  owned  and  confesnf  d   thnt    he  had 
her,  that  she  was  in  hL»  caie  and  custody,  and 


iSS]  STATE  TRIALS,  3i  Ch^ELES  II.  1  SS^.-^/or  debauciing  Luiy  H.  BerMeif.  [  134 

tliat  be  onmed   tbe  severel  instaooes  of  his 
««wan.    But  I  had  rather  the  evidence  should 
^eak  it,  than  I  open  so  much  as  the  nature  of  it. 
Sol.  Gen.  Mv  lord,  we  shall  call  our  wit- 
nesses, who  win  very  fully  make  out  thb  evi- 
dence that  3Ir.    Attorney  has  opened  to  you. 
TTiat  my  lord-  Grey  did  a  long  time  make  love 
to  this  young  lady,  thoug^h  he  were  before 
uianied  to  her  "sister.    This  treaty  was  disco- 
vered by  my  lady  Berkeley  last  summer,  upon 
an  accident  of  surprising  the  young  lady  in 
writing  a  letter  to  my  lorf,  and  thereupon  my 
lady  Berkeley  chaigeth  my  lord  Grey  with 
these  applications  to  her  daughter,  that  did  so 
moch  misbecome  him.    My  lord  Grey  was 
then  so  sensible  of  his  fault,  that  he  seemed 
Tcry  foU  of  penitence,  and  assured  my  lady, 
he  would  never  do  the  like  again,  and  earnestly 
desired  her  by  all  means  to  conceal  it  from  my 
lord  Berkeley  ;    for  if  this  sliould  once  come 
to  be  known  to  him^  he  and  the  young  lady 
would  not  only  he  ruined,  but  it  would  occa- 
sion an  irreparable  breach  between  the  two 
families,  and  of  all  friendship  between  my  lord 
Beikeley  and  him.    And  therefore  he  desired 
n»y  lady  Berkeley  (who  had  justly  forbid  him 
her  boose  for  this  great  crime)  lest  the  world 
should  inquire  into  tbe  causes  of  it,  and  so  it 
should  come  to  be  known,  tliat  his  banishment 
from  her  house  mi^fat  not  be  so  soon  or  sudden  P 
But  he  begs^ed  of  her  ladyship,  that  he  mi^t 
be  pennitted  to  nudce  one  yisit  more,  and  with 
fllthe  protestations  in  the  world  assured  her, 
it  was  not  ivith  any  purpose  of  dishonour, 
that  he  desired  to  come  and  see  her,  but  that 
bis  dmrture  might  be  by  degrees,  and  so  the 
kw  taken  notice  of.    When  my  lady  had  thus 
char^  my  lord  with  his  unwortliy  carriage  to 
hfirfiumily,  and  he  had  seemed  thus  penitent 
forit,  she  chaiges  her  daughter  also,  with  her 
Iping  any  aDowaaoe  to  tnese  indecent  prac- 
tices of  my  lord's  ;  she   thereupon  fUls  down 
on  her  knees  to  her  mother,  to  ask  her  pardon 
^  her  great  offence,   and,  with  tears  in  her 
eyes,  confessed  she  luiid  done  verv  much  amiss, 
ind  did  hnnably  hope  she  mignt  obtain  for- 
giveness fbr  it,  being  yotmff,  and  seduced  by 
jnylord  Grey,  and  promised  she  would  see 
kini  no  more,  nor  have  aoy  thing  more  to  do 
with  him.    Illy  lord  Grey  he  is  permitted  to 
come  once  more  to  the  house,  upon  those  as- 
severations andpromii^es  of  his,  tliat  it  should 
be  with    no   dishonourable   purposes  in   the 
workL    It  waA,  it  seems,  in  his  way  to  his  own 
house  at  Sussex,  but  coming  thither,  he  takes 
to  occasion  to  continue  there,  and  stay  a  little 
^  long  for  a    visit;    whereupon  my  lady 
Bertceley  began  to  suspect  it  was  not  a  transient 
visit  became  to  make  at  her  house,  but  that  he 
had  some  ill  design  in  prosecution  of  tbe  same 
fiiuH  that  he   bad   been   so  long   guilty  of. 
And  that  suspicion  of  her's  was  but  too  well 
giounded,  as  appeared  afterwards.    Our  wit- 
n«ae8  will  tell  you,  that  my  lord  Grey,  just  bc- 
Xsre  his  departure,  was  obscn'ed  to  be  very  so- 
licitOQs  and  earnest  with  his  man  Cbaruock 
(whom  we  shall  prove  by  undeniable  evidence 

3 


to  be  tbe  man  that  conveyed  her  away)  giving 
him   some  directions  with  "great  earnestncijs, 
what  to  do  was  indeed  not  heard,  ^ut  the  event 
win  niainly  shew  it.    For  my  lonl  Grey  Uiip- 
self,  ne  went  on  his  journey  into  Sussex,  and 
lay  ^  Guilford  that  night  she  was  carrietj  away, 
and  the  next  morning  she  was  missin;^.  There- 
upon my  lady  sends  after  my  lord  Grey,  justly 
suspecting  hi  in  to  be  guilty  of  tills  violence 
and  outrage  oflered  to  lier'dauglitcr  and  fe- 
ipil^^,  and  they  overtook  him  at  Guilford,  be« 
fore  he  was  got  any  further  on  liis  journey,  and 
there  acquaint  him  the  lady  was  carried  away, 
and  that  my  lady  suspectcdf  (as  well  she  might) 
he   knew   whither.     Tlien   immediately    he 
makes  haste  up  to  town,  and  writes  ray  lady  a 
letter,  that  truly  he  would  take  care  to  resioivj 
peace  to  tbe  family,  that  by  his  folly  bad  been 
so  much   distuii>ed  :   And  there  were*  some 
holies  of  retrieving  the  matter,  ^hat  this  scaa- 
dal  upon  so  noble  a  family  roigbt  not  he  made 
public  \  for  certainly  an  ofTcnce  of  this  nature 
was  not  fit  should  be  so,  nor  indeed  was  ever 
heard  of  in  any  Christian  society ;  I  am  sure 
I  never  read  of  jmy  such  cause  in  the  courts  of 
law.    And  it  was  impossible  any  way  to  have 
prevented  the  scandal,  but  that  which  my  lady 
took,  to  pass  over  all,  by  desiring  to  have  her 
child  restored  again  to  her,  before  such  time  as 
it  was  gopje  so  tar,  as  there  is  too  gi'eat  rea- 
son to  suspect  il  now  is.    But  after  that,  my 
lord  Grey  was  so  far  from  performing  what  lie 
had  so  solemnly  promisea,  and  making  the 
matter  up,  that  he  stood  upon  terms  ;  he  was 
master  of  the  lady,  and  he  >VQ\ild  dispose  of 
her  as  he    thought  ^t :  Third  jiersons  and 
places  must  be  appointed  where*  she  must  b« 
disposed  of  j  vrith  capitulations,  that  he  should 
see  her  as  often  as  he  thought  fit ;  which  was 
(if  possible)  a  worse  indignity  than  all  that  he 
baa  done  betbre. 

We  shall  prove  to  vour  lordship,  that  he  did* 
a  long  time  befbre  this  violence  was  oficrcil, 
make  applications  to  this  young  lady,  and  that 
must  (as  any  man  will  believe)  be  ^pon  no 
good  account.  We  shall  shew  all  tlie  base 
transactions  in  carrying  away  tlie  lady,  after 
tliat  confidence  which  my  lady  reposcsj  in  his 
protestations  to  do  nothing  dishonoumhly,  so 
as' to  admit  him  to  make  a  visit;  which  cer- 
tainly was  the  greatest  breach  of  the  vor\'  laws 
of  human  society,  against  all  the  laws  of  hos- 
pitality, besides  the  great  transgrcssioir  of  the 
laws  of  God  and  men.  Yet  even  then,  he  se- 
duced the  lady  away.  For  we  shall  plainly 
prove  she  was  carried  away  by  hi«  coachman 
that  once  was,  afterwards  nis  gentleman,  and 
how  she  was  from  time  to  time  conveyed  ^o 
and  fro. 

Mr.  Serj.  Jeff.  This  story  is  indeed  too  me- 
lancholy to  he  often  repc&tea,  tbe  evidence  had 
better  tell  it :  only  this  one  aggravation  I  would 
take  notice  of,  which  will  he  made  out  in  tlie 
proof  toyou  of  this  matter  charged  ;  and  tliat 
IS  this.  That  mv  lord  Grey,  after  such  time  us 
it  was  known  she  was  iu  nis  power,  ga\  e  one 
reason  for  his  not  delivering  her  up,  (u^id  1  am 


135]  STATE  TRIALS,  34  Charles  II.  1 682.— Tnfl/<>/JLoriGrfyflarfolA«r#,  [t36 


sorry  to  see  his  lordship  should  think  it  a  rea- 
son) he  bad  inquired  how  far  the  law  would 
eietend  in  such  a  case,  and  that  be  knew,  aud 
Could  ffive  a  prec^ent  for  it  (which  the  wit- 
ness will  tell  you  of)  that  the  law  could  not 
reach  him ;  and  that  as  long  as  he  had  i^n 
Such  a  course  for  obtaining  tl^t  which  was  his 

greatest  pleasure,  he  would  not  now  part  with 
cr,  but  upon  such  terms,  that  he  might  have 
Kccess  to  her  when  he  pleased.  To  such  a 
height  of  confidehce  was  this  gentleman  ar- 
rived, in  tliis  barbarous  and  infamous  wicked- 
But,  as  I  said,  it  is  a  story  too  black  t« 


ness. 


be  aggravated  by  any  thinp^  but  by  itself;  we 
shall  therefore  cq\\  our  witnesses,  and  prove 
our  fact. 

[About  this  time  the  lady  Henrietta  came 
into  the  court,  and  was  set  by  the  table  at  the 
judges  feet.] 

Earl  of  Berkeley.  My  lord,  my  daughter  is 
here  in  court,  I  desire  sne  may  be  restored  to 
roe. 

Seij.  Jeffl  Pray,  my  lord  Berkeley,  give  os 
leave  to  go  on,  it  will  oe  time  enough  to  move 
that  anon.  Swear  my  lady  Berkeley ;  (which 
was  done,  but  she  seemed  not  able  to  speak). 

Sol.  Gen,  I  perceive  my  lady  is  much  moved 
at  the  siglit  of  her  daughter.  Swear  my  lady 
Arabella  tier  daughter.    (Which  was  done).* 

Serj.  Jeff.  Pray,  mad&m,  will  you  acouaint 
my  lords  the  judges,  and  jury,  what  you  know 
concerning  the  letter  ycfa  discovered,  and  how 
you  came  by  that  discovery  ? 

Lady  Arabella.  My  mother  coming  to  my 
lady  liarriett's  chamber,  and  sedng  there  a  pen 
wet  with  ibk,  examined  her  where  slic  had  been 
writing.  She,  in  great  confusion^told  her  she 
had  b^n  writing  her  accompts.  My  mother 
not  being  satisfied  with  her  answer,  commanded 
me  to  search  the  room.  Her  maid  bcin^r  then 
in  the  room,  I  thought  it  not  so  much  tor  her 
honour  to  do  it  then.  I  followed  my  mother 
down  to  prayers ;  after  prayers  were  done,  my 
mother  commanded  my  lady  Haniett  to  give 
me  the  keys  of  her  closet  and  her  cabinet. 
When  she  gave  me  the  key,  she  put  into  my 
hands  a  letter,  which  was  written  to  my  lord 
Grey,  which  was  to  this  effect:    *  My  sister 

*  Bell  did  not  sus]>ect  our  being  together  last 

*  night,  for  she  did  not  hear  the  noise.     I  pray 

*  comcagain  Sunday  or  Monday,  if  the  last,  1 

*  shall  be  very  impatient.'— I  suppose  my  lady 
Harriett  gave  my  lord  Grey  intelligence  that 
this  was  tou]>d  out ;  for  my  lord  Grey  sent  bis 
servant  to  inc,  to  acquaint  me  he  desired  to 
speak  with  me.  When  he  came  in  first,  she 
(J  mean  my  lady  Harriett)  fell  down  upon  the 
ground  like  a  dead  ciieature.  My  lord  Grey 
took  her  un,  and  afterwards  told  me,  said  he, 
'  You  see  how  far  it  is  gone  between  us  5*  and 
he  declared  to  me,  he  bad  no  love,  no  consi- 
deration for  any  thing  upon  earth  but  for  her ; 

*  I  mean  dear  lady  Hen,'  said  he  to  me,  for 
I  say  it  just  as  he  said  it.  And  after  this,  he 
told  me,  he  would  be  revenged  of  all  the  fa- 
mily, if  tliey  did  expose  her.    I  told  him  it 


would  do  us  no  injury,  and  I  did  not  value 
what  he  did  say ;  for  my  own  particular,  I  de- 
fied him  and  the  Devil,  and  would  never  keep 
counsel  in  this  affair.  And  afterwards,  when 
he  told  me  be  had  no  love,  no  consideratipn  for 
any  thing  upon  earth  but  her,  I  told  my  Jady 
Harriett,  *  I  am  very  much  troubled  and  amaz- 
ed, that  you  can  sit  by  and  hear  nay  lord 
Grey  say  and  declare,  he  has  no  love  for  any 
but  you,  no  consideration  for  any  one  upon 
earth  but  you,  when  it  so  much  concerns 
my  sister ;  for  my  part  it  stabs  me  to  the 
heart,  to  hear  him  make  this  declaration 

against  my  poor  sister  Grey' [Here  she 

stout  a  while.  J 

Sen.  Jeff".   Pray  go  on,  madam. 

liady  Arabella.  After  this  she  said  nothnig  ; 
I  told  her,  I  suspected  my  woman  bad  a  hand 
in  it,  and  therefore  I  would  turn  her  away. 
This  woman,  when  my  lady  Harriett  ran 
away,  being  charged  with  it,  swore  she  bad 
never  carried  any  letters  between  them;  but 
after  my  mother's  coming  to  London,  both 
the  porter  at  St.  John's,  and  one  Thomas 
Plomer  accused  her  that  she  had  sent  letters 
to  Chamock,  who  was  my  lord  Grey's  coach- 
man, now  bis  eentl^man.  I  told  her.  then,  I 
did  much  wonder,  she  being  my  servant,  should 
convey  letters  between  them  without  my  know- 
ing :  she  then  confessed  it  to  me,  but  withal 
she  told  me,  *  How  could  I  think  there  was 
<  any  ill  between  a  brother-in-bw  and  a  sister?* 
And  upon  this  she  confessed  to  me  she  had 
sent  letters  to  Charnock,  though  before  she 
had  forsworn  it. 

Att.  Gen.  Madam,  have  you  any  thing  far- 
ther to  testify  in  this  cause  ?  Have  you  any 
matters  that  you  remember  more  P 

Lady  Arabella.  There  is  more  of  it  to  the 
same  effect ;  but  all  of  it  is  only  to  this  effect. 

L.  C.  J.  My  lady  Arabella,  pray  let  me  ask 
you,  have  you  any  more  to  say  to  this  matter? 

liftdy  Arabella.     It  is  all  to  this  purpose. 

Seij!  Jeff]  Then  if  you  please,  madam,  to 
turn  now  your  face  this  way  towards  the  gen- 
tlemen of  tlie  jury,  who  have  not  heard  what 
you  said,  and  give  them  the  same  relation  that 
yon  gave  to  the  court ;  and  itny  be  pleased  to 
lean  over  the  scat,  and  expose  yourself  a  little^ 
and  let  them  have  the  same  story  you  told  be- 
fore, and  pray  tell  the  time  when  it  was. 
[Then  she  turned  her  face  towards  the  bar.] 

Lady  Arabella.    It  was  in  July,  Sir. 

Serj.  Jeff.  Pray,  madam,  tell  what  happened 
then. 

Lady  Arabella .  In  July  last,  some  time  then , 
my  mother  came  into  my  lady  Harriett's 
chamber,  and  seeing  a  pen  wet  with  ink,  she 
examined  her  who  she  nad  been  writing  td. 
She,  in  ereat  confusion  told  her,  she  had  heen 
writing  her  accompts,  but  my  mother  was  not 
satisfied  with  that  answer.  *The  sight  of  my 
lord  Grey  doth  put  me  quite  out  of  countenance 
and  patience. — [Here  she  stopped  again.] 

[My  lord  Grey  was  then  by  the  clerks  under 
the  bar,  and  stood  looking  veiy  stedhotly  upom 

her.] 

— 


137]  STATE  TRIALS,  34  Charles  H.  i682.— /or  detauching  Lady  H.Serkeky.  [15« 


L  C.  J.  Pray,  my  lord  Grey,  sit  down  (which 
k  did).  It  is  not  a  very  extraordinary  things, 
ftr  a  witness,  in  such  a  cause,  to  bedash^ 
Mt  of  coantenance. 

£.  Off  Berkeley.  He  woald  not,  if  he  were 
Ml  a  Tery  impudent  barbarous  man,  look  so 
eenfidently  and  impudently  upon  her. 

Serj.  Jeff.  My  lord,  I  would  be  rery  loth 
lode^  otnerwise  than  becomes  me,  with  a 
person  of  your  quality,  but  indeed  this  is  not 
»  handsome,  and  we  must  desire  you  to  sit 
4own.    Pray  go  on,  madam. 

lisdy  Arabella.  After  this,  my  mother  corn- 
Banded  me  to  search  my  lady  l^rriett's  room ; 
ks  maid  being  then  in  the  room,  I  thoug^ht  it 
not  s>  much  lor  her  honour  to  do  it  then.  I 
fiiUowed  my  mother  down  to  prayers.  After 
pfayers  were  done,  my  mother  ^commanded 
my  lady  Harriett  to  give  me  the  keys  of  her 
cabinet  and  of  her  closet,  and  when  she  gave 
me  the  keys,  she  put  a  note  into  my  hand, 
wbich  was  to  my  lord  Grey ;  and  that  was  to 
tibb  efiect :  *  My  sister  Bell  did  not  Suspect 
'  oar  being  toother  last  night,  for  she  did  not 
'  bear  any  noise :  pray  come  again  Sunday  or 
'  Monday,  if  the  last  I  shall  be  very  impatient.' 
I  suppose  my  lady  Harriett  gave  my  lord  Grey 
imetligence  of  this,  for  he  sent  a  servant  to  tetl 
me  he  desired  to  speak  with  me.  Upon  his 
first  coming  in,  my  lady  Harriett  fell  upon  the 
ground  like  a  dead  creature,  and  my  lord  Grey 
took  her  up,  and  said,  <  Now  you  see  how  far 

*  it  is  gone  between  us :  I  love  nothing  upon 
'  earth  but  her ;  I  mean  dear  lady  Hen,'  said 
he  to  me ;  «  and  if  you  do  expose  her,  I  will 

*  be  revenged  upon  you  and  all  the  family,  for 
*■  I  hare  no  consideration  for  any  thing  but 
<  her.'  After  that  I  told  him,  We  defied  him, 
he  could  do  us  no  injury;  and  for  my  own 
particular,  I  defied  him,  and  the  Devil  and  all 
ms  woH^  and  would  not  have  any  thing  to  do 
with  sncfa  a  correspondence.  After  this,  I  told 
my  lady  Harriet,  I  was  mach  fronbled  and 
amazed,  that  she  should  ^t  by  and  hear  my 
lord  Grey,  her  brother- in -Uw,  say  he  had  no 
Goosideration  for  any  thing  on  earth  but  her. 

*  For  my  part,'  said*  I, '  Madain,  it  stabs  me  to 

*  the  heart,  to  hear  this  said  against  my  poor 

*  sister  Gr^.'  I  told  her,  I  suspected  my 
woman  had  an  hand  in  this  affair,  and  there- 
five  I  would  put  her  away.  Afterwards,  the 
same  day  my  lady  Harriett  ran  away,  this  wo- 
man came  to  me ;  and  I  then  told  her,  *  Yon 
'  have  mined  her,'   and  asked  her,   '  Why 

*  would  you  send  letters  between  my  lord  Grey 

*  and  my  lady  Harriett?'  She  denied  it,  and 
swore  she  never  did  it,  but  when  we  came  to 
London,  the  porter  of  St  John's  came  and  ac- 
cused her  or  conyeying  letters  to  Chamock, 
my  lord  Grey's  gentleman,  formerly  his  coach- 
maa.  I  then  asked  her  again  apout  it ;  she 
tbea  acknowledged  to  me  she  tad  done  it. 

*  Bat,  madam,'  said  she,  <  how  could  I  think 
'  there  could  be  any  prejudice  or  iU  between  a 

*  broliKr-in-taw  and  a  sister-in-law  ?'  fbiid  I, 
'  Were  not  you  my  ssrvant  ?  Why  did  you  not 
^tdl  me?   Beaidesy  you  know  we  liave  all 


*  reason  to  hate  Chamock  for  a  great  many 

*  things.'    This  is  all  I  have  to  say  tliat  is  ma- 
terial, all  else  is  to  the  same  effect. 

Seij.  Jef,  Now  this  matter  being  thus  dis- 
covered to  the  countess  of  Berkeley,  this  unfor- 
tunate youdg  lady's  mother ;  she  sent  for  my 
lord  Grey,  and  we  shall  tell  you  what  hap- 
pened to  be  discoursed  between  them  two,  and 
between  the  lady  and  her  mother,  and  what 
I  promises  of  amendment  he  made.  My  lady 
Berkeley,  pray  will  you  tell  what  you  know. — 
[She  seemed  unable  to  do  it.]  She  is  yery 
much  discomposed,  the  sight  of  her  daughter 
doth  pot  her  out  of  order. 

Lady  Arabella.  I  have  sometliing  more  to 
say,  thatis,!  told  my  Uidy  Harriett,  after  my 
lord  Grey  had  made  bis  declaration  of  his  lova 
to  my  sister,  to  me,  that  if  ever  he  had  the  im- 
pudence to  name  her  name  to  me,  I  would  im- 
mediately go  to  ray  father,  and  tell  him  all 

[Then  the  Countess  leaned  forward,  with  her 
hood  much  orer  her  face.] 

Ah.  Gen.  Pray,  my  lady  Berkeley,  com- 
pose yourself,  and  speak  as  loud  as  you  can. 

LaAy  Berkeley.  When  I  first  discuvsred  this 
unhappy  business,  how  my  son-in  law,  my 
lord  Gr^,  was  in  love  >vith  his  sister,  1  sent  to 
speak  with  him,  and  I  tuld  him  he  had  done 
barbarously  and  basely,  and  falsely  with  me, 
in  having  an  intrigue  with  his  sister-in-law. 
That  I  looked  upon  him,  next  my  own  son, 
as  one  that  was  engaged  to  stand  up  for  the 
honour  of  tnyfamUv,  and  instead  ot  that,  he 
had  endeavoured  the  ruin  of  my  daughter, 
and  had  done  worse  than  if  he  bad  murdered 
her,  to  hold  an  intrigue  with  her  of  criminal 
love.     He  said,  he  did  confess  he  had  been 
false,  and  base,  and  unworthy  to  me,  but  be 
desu«d  me  to  consider  (and  then  he  shed  a 
great  many  tears)  what  it  was  that  made,  him 
guiltv,  and  that  made  him  do  it.     1  bid  him 
speak.    He  said  he  was  ashamed  to  tell  me, 
but  I  might  easily  guess.    1  theu  said,  what  ? 
Are  you  indeed  in  love  with  your  sister-in- 
law  Y  He  fell  a  weeping  and  said,  be  was  un- 
fortunate ;  But  if  1  made  this  business  public, 
and  let  it  to  take  air  (be  did  not  say  this  to 
threaten  me,  he  would  not  have  me  to  mistake 
him)  but  if  I  told  my  lord  her  father,  and  his 
wife  of  it,  it  might  make  him  desperate,  and 
it  might  put  such  thoughts  into  his  wife's 
bead,  that  might  be  an  occasion  of  parting 
them;  and  that  he  being  desperate,  he  did  not 
know  what  he  might  do,  he  might  neither  con- 
sider family,  nor  relation.  1  told  him  this  would 
make  him  very  black  in  story,  though  it  were 
her  ruin.     He  said  that  was  true,  but  he  could 
not  help  it ;  he  was  miserable,  and  if  1  knew 
how  miserable,  I  would  pity  him :  He  had  the 
confidence  to  tell  me  that.    And  tiien  be  de- 
sired, though  he  said  i  had  no  reasion  to  hear 
him,  or  take  any  counsel  he  gave  me  (and  all 
this  with  a  great  many  teai*s)  as  if  he  were  my 
son  Dursley,  that  1  would  keep  his  secret 
*  For  my  lord,  if  he  heard  it,  would  be  in  a 

<  great  passiob,  and  possibly,  he  might  not  be 

<  able  to  contain  himself,  but  let  it  hasak  out 


I 

139]  STkTETRlALi,  $4,  CukRhZS  II  l6S2.'-Trial  of  Lord  Grey  ^udoiAa-M,  [140 


*into  the  world.    He  maj  calTroe  rogue  aii4 

*  rascal  perhaps  in  his  passion,  said  he.  and  I 

*  should  be  sorry  for  it,  out  that  would  oe  all  I 

*  could  do,  and  what  the  eril  consequence  might 

*  be*,  he  knew  not,  and  thereftbre  it  were  best  to 

*  conceal  it.'  And  after  many  words  to  pacify 
me,  though  nothing  indeed  could  be  sumcient 
for  the  injury  be  had  done  me ;  he  gaye  it  me 
as  his  advice,  that  I  would  let  my  dau|^ht|er  Har- 
riett go  abroad  info  public  places  with  myself, 
and  promised,  if  I  did,  he  would  sdways  avoid 
them.  For  a  young  kuly  to  sit  always  at  home, 
he  said  it  would  not  easily  get  her  out  of  such 
a  thing  as  this.  And  upon  this  he  said  affaih, 
he  waste  go  out  of  town  with  the  D.  of  M.  in 
a  few  days,  and  being  he  had  beea  frequently 
in  the  family  before,  it  would  be  looked  upon  as 
a  \  ery  strange  thing,  that  he  went  away,  and 
did  not  appear  th^  to  take  his  leave.  He 
promiseil  me,  that  if  for  the  world's  sake,  and 
for  his  wife's  ^e  (that  no  one  might  take  no- 
tice of  it)  I  would  let  him  come  there,  and  sup 
before  he  wetit  into  the  country,  he  would  not 
offer  any  thing,  by  way  of  letter  or  otherwise, 
that  might  give  me  any  ofience.  Upon  which 
I  did  let  him  oome,  and  he  came  m  at  nine 
o'clock  at  night,  and  said,  I  might  very  well 
look  ill  upon  him,  as  my  daughter  also  Jid  (his 
sister  Bell)  for  none  else  in  au  the  family  knew 
any  thing  of  the  matter  but  she  and  1.  After 
supper  he  went  away,  and  the  next  night  he 
aent  bis  page  (I  think  it  was)  with  a  letter  to  me, 
be  gave  it  to  my  woman,  and  she  brought  it 
to  me ;  where  he  says  that  be  would  not  ^o 

opt  of  town. If  your  lordship  please  I  wd] 

give  you  the  letter— But  he  said,  he  feared 

mv  apprehensions  of  him  would  continue. 

Tbere  is  the  letter. 

X.  C.  J,  Show  it  my  lord  Grey,  let  us  see  if 
he  owns  or  denies  it 

Lord  Grey.  Yes,  pray  do,  1  deny  nothing 
that  1  have  done. 

Mr.  Just  Doiben,  Be  pleased,  madam,  to  put 
it  into  the  court 

Att,  Gen,  It  isonly  about  his  keeping  away. 

X.  C.  J.  Shew  it  mv  lord  Grey. 

Help.  Jeffl  With  sufimission,  my  lord,  it  is 
fully  proved  without  that 

X.  V:  X  Tlien  let  the  clerk  read  it,  brother. 

CL  of  Crown,  There  is  no  direction,  that  I 
see,  upon  it.  It  is  subscribed  Grey.— [Reads.] 
**  Madam ; 

t*  After  I  had  waited  on'  yonr  ladyship  last 
night,  sir  Thomas  Armstrong  came  from  die 
D.  of  M.  to  acquaint  me  that  he  could  not  pos- 
sibly go  into  Sussex ;  so  ^t  journey  is  at  ad 
end.  But  your  ladyship's  apprehensions  of  me 
I  fear  will  continue :  therefore  J  send  this  to 
assure  you,  that  my  short  stay  in  town  diall  no 
way  disturb  yourKdyshi|>;  it  I  can  contribute 
to  your  quiet,  by  avoiding  all  places  where  I 
may  possibly  see  the  lady.  I  hope  your  lady- 
ship will  rememl^r  the  promise  you  made  to 
divert  her,  and  pardon  me  for  minding  3rou  of 
it,  sbce  it  is  to  no  other  end  that  I  do  so,  but  that 
she  may  Aot  sufCer  upon  my  account;  I  am 
mut  if  she  doth  not  in  your  ojpioion^  she  never 


shall  any  other  way.  I  wish  your  ladyship  all 
the  ease  that  you  can  desire,  and  more  qoiat 
than  ever  I  expect  to  have.  I  am  with  great 
devotion,  Your  ladyship's  most  humUe,  and 
obedient  servant.  Grey.** 

Att.  Gen,  Madam,  win  you  please  to  go  mi 
with  your  evidence. 

Lady  Arabella,  I  have  one  thing  more  to 
say :  After  this,  three  or  foyr  days  afler  this 
ugly  business  wa*^  found  out,  I  told  my  lady 
Harriett,  she  was  to  go  to  my  sister  Dursley^s. 
She  was  in  a  gfreat  anger  and  passion  about  it, 
which  made  my  mother  so  exasperated  against 
her,  that  I  was  a  great  while  before  I  g^  m j 
mother  to  ffo  near  her  again. 

Seij.  Jen.  My  lady  Berkeley,  please  to  go  on  ? 

Lady  Berkeley,  n'hen  I  came  to  my  daughter, 
(my  wretched  unkmd  daughter,  I  have  been  so 
kind  a  mother  to  her,  and  would  have  died  ra^ 
ther,  upon  the  oath  I  have  taken,  than  have 
done  this,  if  there  bad  been  any  other  way  to 
reclaim  her,  and  would  have  done  any  thing  to 
have  hid.  her  faults,  and  died  ten  times  over, 
rather  than  this  dishonour  should  have  come 
upon  my  family.)  This  child  of  mine,  when  I- 
came  up  to  her,  fell  into  a  mat  many  tears, 
and  begged  my  pardon  for  what  she  had  donv, 
uid  9aid,  she  would  never  continue  any  conver- 
sation with  her  brother-in-law  any  uiore,  if  I 
would  forgive  her ;  and  she  said  all  the  things 
that  would  make  a  tender  mother  bellevt  her. 
I  told  her,  I  did  not  think  it  was  safe  for  her  to 
continue  at  my  house,  for  fear  the  world  should 
discover  it,  by  my  lord  Grey's  not  coming  tp 
our  bouse  as  ne  used  to  do  ;  and  therefore  I 
would  send  her  to  my  son's  wife,  her  sister 
Dursley,  for  my  lord  Grev  did  seldom  or 
nev«r  lisit  diere,  and  the  wond  would  not  takje 
notice  of  it  And  I  thought  it  better  and 
safer  for  her  to  be  there  with  her  sister,  than 
at  home  with  me.  Upon  which  this  ungrau- 
cious  child  wept  so  bitterly,  and  b^^^  so 
heartily  of  me  that  I  woiUd  not  send  her  away 
to  her  sister's,  and  told  me,  it  would  not  l>e 
safe  for  her  to  be  out  of  the  house  from  me. 
She  told  me,  she  would  obey  me  in  any  thing  ;, 
and  said,  she  would  now  confess  to  me,  thoogfi 
she  had  denied  it  before,  that  she  had  writ  my 
lord  Grey  word  that  they  were  discovereq, 
whidi  was  the  i-eason  he  did  not  come  td  me 
upon  the  first  letter  that  I  sent  him  to  come 
and  speak  with  me.  And  she  said  so  mauy 
tender  things,  that  I  believed  her  pemient,  and 
forfifave  her,  and  had  compassion  upon  her,  ^od 
tolo  her  (though  she  had  not  deserved  so  much 
from  me)  she  might  be  quiet  (seeing  her  so 
much  concerned)  I  would  not  tell  her  sister 
Dursley  hor  fouUs,  nor  send  her  thither,  ti|l  I 
bad  spokbn  with  her  again.  Upon  which,  sh^, 
as  I  tuought,  continuing  penitent,  I  kissed  her 
in  the  b^wben  she  was  sick,  anl  honed  that 
all  this  ugly  business  was  over,  and  1  should 
have  no  more  affliction  with  her,  especially  if 
my  lord  removed  his  family  to  DurdantjS,  wbicli 
he  did.  When  we  came  there,  she  came  iiiti^ 
my  chamber  one  Sunday  morning  before  I  Ha|i 
awakci  and  threw  hcrsSf  upon  her  knees^  auii 


141]  STAfE  TRIALS,  U  Charles  Il..l6«e.— /<w  deianchin^  Ltdy  II.  Berkeley.  [142 


Idssed  my  band,  and  cried  out,  Oh,  madam  *  I 
bare  oflV^Dded  you,  I  hwe  done  ifl,  I  tnil  be  a 
good  vhM,  ana  will  never  do  so  again ;  I  will 
break  off  all  correspondence  with  him,  I  will 
do  what  you  please,  any  thing  that  you  do 
deitre.     Then,  said  I,  I  hope  you  will  he 
happy,  and  I  forgire  yon.    On ;  do  not  tell  my 
fether,  ^shc  said)  let  not  him  know  my  fanlts. 
No,  said  I,  I  will  not  tell  him ;  bat  if  you  will 
make  a  friend  of  me,  1  desire  you  will  hare  no 
correspondence  with  your  brotner-in  law ;  and 
^l^oiign  you  haxe  done  all  this  to  offend  me,  I 
win  treat  you  as  a  sister,  more  l^an  as  a 
danghter,  if  you  will  btit  use  this  wicked  bro- 
ther-in-law as  he  deserves.    I  tell  you  that 
youth,  and  virtue,  and  honour,  is  too  much  to 
sacrifice  for  a  base  brother-in-law.    When  she 
had  done  this,  she  came  another  day  into  my 
doset  and  there  wept  very  much,  and  cryM 
oat.  Oh,  madam  1  it  is  he,  he  is  the  villain  that 
has  undone  me,  that  has  ruined  me.    Why  ? 
said  I,  What  has  he  done?   Oh!   said  she,  be 
hath  seduoed  me  to  this.    Oh  1  said  I,  feat  no- 
tfatoflr,  you  have  done  nothin^f,  I  hope,  that  is 
10,  but  only  barkening  to  his  love.    Then  I 
took  her  al>out  the  neck  and  kissed  her,  and 
endeavoured  to  comfort  her.     Oh,  madam! 
aaid  she,  I  have  not  deserved  this  kindness 
from  you ;  hot  it  is  he,  he  is  the  villain  that 
bath  undone  me :  but  1  will  do  any  thing  that 
you  will  command  me  to  do ;  if  he  ever  send 
vae  any  letter,  I  will  bring  it  to  you  unopened ; 
but  pray  do  not  lell  my  f^er  of  my  faults.    I 
promised  her  I  would  not,  so  she  would  break 
off  all  correspondence  with  him 

Here  she  swooned,  and  soon  after  ivooveKd 
on.] 


J.' 


^Then  my  lord    Grey's    wife,    my 

dangbter  Grey,  coming  down  to  Durdante,  he 
was  to  go  to  bis  own  house  at  Up-Paiic  in  Sus- 
mXy  and  he  writ  down  to  his  wiie  to  come  up  to 

JUmdon. It  is  possible  I  may  omit  some 

pazticular  things  that  were  done  just  at  such  or 
such  a  time,  but  I  speak  all  I  can  remember  in 
general.  My  lord  Gr^,  when  I  spoke  to  him 
<rf'it,  told  me,  he  would  otey  me  in  any  thing ; 
if  I  woukl  banish  him  the  house,  he  womd 
never  come  near  it ;  bnt  (hen  he  pretended  to 
advise  me  like  my  own  «on,  that  the  world 
would  ti&e  notice  of  it,  tliat  therefore  it  would 
be  better  for  me  to  take  her  abroad  with  me, 
he  would  aroid  all  yAfices  where  she  came,  but 
be  diongfat  it  best  ibr  her  not  to  be  kept  too 
mocfa  at  borne,  nor  he  absolutely  forbid  the 
house,  but  he  would  by  degrees  come  seldomer, 
once  in  six  weeks  or  two  months.  But  to  go 
en  to  my  daughter  Grey's  coming  down  to 
Burdmnts ;  he  writing  to  his  wife  to  come  up 
to  London,  that  he  might  fl^>eak  to  her  before 
he  went  to  his  own  house  at  Up-Park;  my 
dao^ter  Grey  desired  he  might  come  thith'^r, 
and  It  being  in  his  way  to  St^sex,  I  writ  him 
^ord,  that  believing  he  was  not  able  to  go  to 
Up-Park  in  one  day  from  London,  he  might 
eaJl  at  my  lord's  house  at  Durdants,  and  dine 
itare  by  the  way,  as  calliog  in,  intending  to 


Ke  at  Chiildibrd,  fbr  it  is  just  the  half-way  to 
Gnddford.  ,fle,  instead  ot*  coming  to  dinner, 
came  m  at  nine  o'clock  at  night  (I  am  sure  it 
was  so  raocb)  (or  it  was  so  dark,  we  could 
hardly  see  the  colour  of  his  horses,  from  my 
lord's  great  gate,  to  the  place  where  we  were 
ih  the  house:  And  coming  at  that  time  of 
night,  I  thought  if  1  turned  him  out  of  the 
house,  my  lord  would  wonder  at  it,  and  so 
woirfd  all  the  family.  Therefore  1  was  forced^ 
as  1  then  thought,  in  point  of  discretion,  to  let 
him  lie  there  that  nij^t,  which  he  did ;  and  he 
told  me,  Madam,  i  had  not  come  here,  but 
upon  your  ladyship's  letter,  nothing  else  should 
have  brought  *me :  because  I  was  to  give  him 
leave  to  come,  knovring  the  faults  he  had  com* 
ndtted  against  the  honour  of  our  family.  Ijpon 
which  I  told  him.  My  lord,  I  hope  you  have  so 
much  honour  and  gencrosnty  in  yon,  after  the 
promises  yon  have  made  me,  and  the  confi« 
dcnce  ana  indulgence  I  have  shewn  yon, 
that  you  will  give  my  daughter  no  letters,  and 
I  will  look  to  her  otherwise,  that  \ou  shall 
have  no  conversation  witli  her.  He  desired 
me  to  walk  up  with  him  into  the  gallery,  and 
there  he  told  me  he  had  brouglit  no  letters, 
and  would  have  had  me  looked  in  his  pocket. 
I  told  him  that  would  be  to  no  purpose,  foe 
his  man  Chamock  (whom  we  knew  he  did  not 
prefer  from  being  bis  coach-man  to  be  his  gen- 
tleman, but  for  some  extraordinary  service  he  did 
him,  or  he  thought  he  would  do  him)  inigbtbave 
letters  enough,  and  we  be  never  the  wiser :  but  T 
trusted  to  his  honnar  and  his  Christianity  :  and  I 
told  him,thitt  his  going  on  in  any  such  way  would 
be  her  utter  ruin.  He  told  me  he  would  not 
stay  there  any  longer  than  the  next  day  ;  nay ; 
he  would  be  gone  immediately  if  I  pleased,  and 
he  sent  his  coach  to  London,  and  had  nothing 
but  horses  \eh.  But  his  wife  desiring  her  hus- 
band to  stay,  I  had  a  very  hard  tadc  to  go 
through,  being  earnestly  pressed,  both  by  her 
and  my  own  lord's  im|M>rtunities  for  his  staj'. 
But  my  lord  Grey,  whilst  he  was  tliere,  did 
entertam  me  with  his  passion,  he  had  tlie  con- 
fidence to  do  it,  and  lie^  wished  himself  the 
veriest  rake- hell  in  the  world,  so  be  had  never 
seen  her  face  since  he  was  married.  And,  said 
he,  madam,  you  will  always  think  me  a  villain 
and  never  liave  a  good  opinion  pf  me,  I  shall 
be  always  imfertunate,  both  in  myself,  and 
your  bad  opinion  of  me.  Seeing  this,  I  thought 
it  was  time  to  do  something  moi*e  ;  and  I  told 
him  that  night  he  sliould  stay  no  longer,  be 
should  be  gone ;  and  his  wUe  seemed  to  be 
much  concerned,  and  would  fain  have  him  stay. 
For  by  this  time  she  began  to  find  out  that 
there  was  some  disorder  in  her  mother  and  the 
family,  though  she  knew  not  what  it  was ;  and 
she  sent  her  sister  Lucy  to  b^  he  might  stay 
I  told  her  I  would  not  suffer  it :  however,  she 
proposed  an  expedient  bow  her  sister  Harriett 
should  take  physic,  and  keep  her  chamber 
while  he  was  there.  That  I  was  in  a  sort  com- 
pelled to  do,  and  I  told  him,  upon  their  impor- 
tunity for  his  stay,  that  his  sister  Harriett  should 
be  seen  bo  more  by  him,  but  take  physic  whilo 


143]   STATE  TRIALS,  34  Charles  If.  l6S2,--Trial  of  Lard  Grey  and  others,  [U4f 


he  stayed  there:  to  ^hich  he  replied,  Madam, 
indeed  it  is  rude  for  me  to  say  it  to  you,  but  I 
must  say  it,  gi^e  me  my  choice,  either  to  be 
drowned  or  hans^ed .  Upon  this  I  was  extremely 
disturbed,  and  the  next  momins^f  I  told  him,  I 
was  not  satisfied  he  should  stay  in  England  ; 
be  had  ordered  his  viiSe  to  go  into  France,  and 
she  was  to  go  within  a  month  after,  I  would 
have  him  go  with  her.  He  told  me,  he  had 
law -suits,  and  he  could  not ;  1  told  him,  he 
had  told  me  before,  they  were  of  no  great  con- 
sequence, and  therefore  they  could  not  hinder 
him ;  and  I  pressed  him  very  much,  and  I  fell 
into  a  great  passion  at  last ;  and  told  him,  if  he 
would*  not  go,  I  would  tell  her  father  and  he 
should  take  care  of  her,  to  send  her  where  she 
should  be  safe  enough  from  him.  For  I  was 
jKnsible  the  world  would  take  notice  if  he  came 
not  thither ;  and,  said  I,  I  am  not  able  to  bear 
you  should.  Upon  this,  he  promised  me  with 
all  tbe  oaths,  imprecations,  and  promises  in  the 
world,  that  he  would  go  and  follow  his  wife  into 
France  at  Christmas,  and  stay  there  eight 
months  ;  aiid  by  that  time,  I  did  hope,  this  un- 
fortunate miserable  business  might  be  over: 
fok*  I  h^d  a  ^reat  kindness  for  my  child,  and 
would  have  done  any  thing  to  save  her,  if  it  had 
been  in  my  power,  or  would  vet  do  any  thing: 
i  would  give  my  life  that  the  world  did  not 
know  80  much  of  it  as  now  it  must  this 
day.  The  world  knows  I  had  always  the 
l^reatest  kindness  and  tenderness  tor  her, 
which  was  such,  that  some  that  are  now 
here  have  said  since  that  it  was  my  in- 
dulgence to  her,  and  not  making  it  known  to 
my  lord,  that  encouraged  this  last  ill  business. 
And  thereupon  my  lord  Grey  was  ordered  by 
me  to  go  away,  and  he  promised  me  so  to  do, 
which  was  upon  Saturday.  I  then  went  up 
to  her  chamber,  and  saw  her  very  melancholy, 
and  did  what  I  could  to  comfort  her.  Said  I, 
I  warrant  you,  by  the  gracaof  God,  do  but  do 
what  you  ought,  and  I  will  bring  you  off  this 
business ;  be  cbearfnl,  and  be  not  so  much 
cast  down  (for  I  thought  she  was  troubled  ,at 
my  carriage  to  her)  and  though  I  said  some 
severe  thmgs  to  you  at  dinner  (as  I  did  talk 
of  her  going  away,  and  being  sent  abroad)  be 
not  troubled,  for  1  only  meant  it  out  of  kind- 
ness to  you  ;  for  all  I  design,  is  only  to  seek 
an  occasion  of  getting  him  away ;  and  there- 
tore,  as  long  as  he  stays,  I  ivill  seem  to  whisper 
with  you,  and  look  frowningly  upon  you,  and 
that  if  he  hath  any  tendmiess  for  you,  ,he 
may  see  I  am  angry  with  you  and  do  the 
more  to  leave  you  at  (^uiet:  but  take  no 
notice  of  it,  for  I  now  smde  to  you,  though 
I  frowned  before  him,  be  not  amightcd  In 
the  afternoon  I  told  her  the  same  thing 
again.  But  then,  said^  she,  he  will  shew  my 
letters  to  him,  and  that  will  ruin  my  reputation 
fbrever,  and  that  troubles  me  ;  but  yet  it  need 
not,  for  I  never  writ  to  any  man  but  him,  and  if 
he  doth  shew  them,  he  will  expose  hiraselffor 
abase  uni^^orthy  man,  and  I  can  but  deny  it. 
and  he  can  never  prove  it.  This  is  true,  said  I, 
••Bd  v«ry  well  said,  and  therefore  be  not  afraid 


of  him,  but  trust  to  the  friendship  of  your  mo- 
ther, and  do  as  yoil  ought  to  do,  and  I  am  con- 
sent we  shall  bring  you  dear  off  from  thia 
Uffly , business.  And  then,  said  she,  but  oh. 
Madam !  my  sister,  my  sister  Grey,  ynW  she 
forgive  me  tbis  i  I  told  her,  her  sister  Grey 
was  good-natured  and  religious,  and  I  made  no 
doubt  she  would  forgive  her  the  folly  of  her 
youth,  and  if  she  would  take  up  yet,  she  was 
young,  and  her  sister  would  impute  it  to  that, 
and,  said  I,  I  am  sure  she  will  forgive  you ;  and 
I  told  her,  I  would  do  ail  that  lay  in  my  power 
to  assbit  her  ;  and  I  bid  her  be  chearfui  and 
trust  in  God  and  in  my  friendship.  She  was  to 
blame,  indeed,  she  acknowledged,  but  she  was 
young,  and  he  was  cunning,  and  had  made 
it  his  business  to  delude  and  intice  her.  I  told 
her  it  was  true,  and  therefore  now  she  must 
consider  with  herself,  what  was  to  be  done  to 
bring  her  off,  which  I  doubted  not,  if  she  would 
do  but  as  she  ought ;  she  promised  me  so  to  de ; 
and  yet  that  very  night  when  I  was  in  my  sleep 

she  ran  Jiway. 

[Here  she  swooned  again] 

Serj.  Jeff,  What  time  went  my  lord  Gi-ey 
away,  madam,  that  day  ? 

liuly  Berkeley,  He  went  away  about  four 
o'clock  in  the  afternoon. 

Serj.  Jeff,  And  the  ensuing  night  the  lady 
was  gone  ? 

I^y  Berkeley.  Yes,  that  night  she  went 
away  to6. 

Serj.  Jeff,  My  lord,  I  crave  leave  to  acquaint 
you  with  one  circumstance  that  has  been  al- 
ready hinted,  that  is  about  Chamock,  a  per- 
son that  is  taken  notice  of  by  both  the  ladies 
that  have  given  evidence,  and  one  of  the 
defendants  in  this  informatioii.  lliis  man, 
as  they  seem  to  intimato,  for  some  extraor- 
dinary' service  he  had  doue  my  lord  Grey,  or 
was  designed  for  the  doing  of,  was  removetl 
from  the  degree  of  his  coachman,  to  the 
waiting  upon  him  in  his  chamber.  He  at 
this  time  came  with  lord  Grey  to  Durdants, 
a  house  of  my  lord  Berkeley's  near  Epsom,  and 
which  was  in  the  way  to  my  lord  Grey's  house 
in  Sussex,  that  is  called  Up-Park.  And  they 
being  there,  notwithstanding  all  those  protesta- 
tions and  promises  made  by  my  lord  Grey  to 
his  lady  mother,  as  you  have  heard,  to  meddle 
no  more  in  this  matter,  yet  we  shall  give  you 
an  account,  how  that  the  day  before  the  night 
that  the  young  lady  went  away,  my  lord  Grey 
was  very  importunately  busy  wiUi  his  maa 
Chamock ;  what  discourses  tuey  had,  or  what 
directions  he  gave  him  perhaps  may  not  be 
known  ;  but  his  earnestness  in  talking  witli 
him,  and  his  impatience  and  re^Uessr^ess  we 
shaU  prove  ;  and  uieo  give  you  a  very  full  proof 
that  CbaniO'  k  was  the  person  that  took  her 
away ;  and  then  letthejuxy  and  the  court  make 
the  cM^nclusion. 

Atty  Gen,  It  maybe,  my  lord,  we  thall  not  be 
able  to  prove  the  actual  >  akin^-  away  from  thence, 
but  only  by  undeniable  circum»itantial  proof.. 
Such  impieties  use  not  to  be  acted  ojienly. 

L.  C.  /•  Truly,  as  far  as  I  can  see,  here  bai^ 


145}  STATETMALS,  S^CuAnhlssnA6S2.'-'for debauching Ladifn. Berkeley.  [14$ 

Why  CfaarDOcky  said  he,  was  the  man  that  took 
her  away. 

Sen.  Jeff[  Who  was  it  that  said  so  to  you. 
Sir  ?  Name  him. 

Mr.  .  Mr.  Rogers,  my  lord  Berkeley's 

chaplain. 

Seij.  Jeff.  If  your  lordsliip  please  to  observe 
the  particular  times,  when  my  lord  Grey  was 
so  earnest  in  giving  Chamock  directions,  that 
was  on  the  &turday  at  noon,  and  it  was  t)iat 
night  the  young  lady  went  away . 

X.  C.  X  W^hen  came  my  lord  Grey  to  my 
lord  Berkeley's  ? 

Alt.  Gen,  The  Tuesday  or  Wednesday  be- 
fore, I  think  ;  some  days'it  was. 

Sen.  Jeff.  But  upou  the  Saturday  night  it 
was  she  went  away  ;  this  unfortunate  laiiy  tliat 
we  hare  produced,  her  mother,  and  so  the  lady 
her  sister,  spoke  both  of  theii'  icars  of  Cluir- 
nods.  Now  we  shall  prove,  tliat  tliis  Char- 
nock  was  on  Suuday  moniing,  at  eight  o'clock 
in  the  morning^,  here  in  I^ndon,  with  a  }  oung 
lady,  In  what  habit  that  young  lady  was,  our 
witnesses  will  tell  you ;  and  othei-s  will  givtt 
you  an  account  what  habit  this  lady  went  away 
in,  and  then  it  will  be  seen  who  she  was.  Call 
Eleanor  Hilton. 

Att.  Gen.  But  if  you  please,  Mr.  Seijeant, 
I  think  it  will  be  proper  first  to  examine  my 
lady  Lucy,  who  upon  the  missing  this  young 
lady,  foUowed  my  lord  Grey  to  Guildford,  and 
overtaking  him,  acquainted  him  with  it,  and 
immediately  he  took  post  and  came  to  London. 
Pray  swear  my  lady  Lucy. 


more  done  barefaced,  than  one  would 
should  be  done  in  any  Christian  nation. 

[Then  a  Clergyman  that  stood  by  was  sworn, 
hit  his  name  not  told.] 

Serj.  J^.  Pray,  Sir,  will  you  t^l  my  lord  and 
Ifaehnry  what  you  know. 

Mr. .  My  lord,  I  was  at  Durdants, 

my  lord  Berkeley's  house  near  Epsom  in 
ftwrey,  ml  the  time  of  this  ill  accident,  and  some 
line  after*  And  upon  the  Saturday  in  the  af- 
taniuou  I  (iDSDoediately  after  dinner  was  over  at 

a  lord's  own  table)  walked  in  the  great  paved 
;  and  stood  in  the  door  that  kioked  towards 
the  Downs  ;  and  my  lord  Grey  came  into  the 
hall  akme,  and  walked  three  or  four  times 
veiy  tiioiightfully,  and  then  leaned  upon  the 
window,  ^1  often  locked  upon  the  ground,  and 
within  a  little  while  he  steps  into  the  steward's 
haD,  where  the  gentlemen  were  at  dinner,  and 
he  calls  to  Chmock,  who  came  out  to  him. 
He  takes  him  out  of  the  hall  to  the  foot  of  the 
alair-Gase,  and  there  they  talked   together  a 
great  while,  and  after  some  time  my  lord  Grey 
went  away,   and  Oharnock  did  so  too,  I  think 
to  hisdinner  again,  I  cannot  tell  any  thing  to 
the  cmtrary.    The  reflection  I  made  upon  this 
yswugr  then  was,  that  my  lord  Grey  was  ye)Fy 
yictyal  in  giving  his  servant  orders,  which  X 
thought  he  was  to  carry  to  London  with  him, 
hot  I  suspected  nothing  of  this  matter,  nor  any 
diing  ebe  that  was  ill  then.    Mr.  ChamodK 
tben  passii^  by  me,  said  I,  Mr.  Chfonock, 
BOW  long'  will  it  be  before  you  are  going  ^  He 
made  me  no  answer,  not  one  word.    Tbere- 
npen  I  went  into  the  library,  and  between  that 
and  Mr.  Chamock's  chamber  there  was  bikt  a 
veiy  thin  wall,  and  presently  after  I  came  into 
the  library,  my  lord  Grey  sent  one  (as  the  mes- 
senger said)  for  Mr.  Cbamodc,  and  he  went 
Aofwn  to  him,  as  I  suppose,  and  in  a  little  time, 
enne  up  again.     And  after  that,  I  do  believe, 
1  did  hear  another  messenger  come  from  him 
to  Mr.  Chamock  again,  I  will  not  swear  that, 
Jbr  i  am  not  sure  ofit ;  because,  bein^  at  that 
time  l^mnr  in  reading  I  made  no  reflection  upon 
it  ttll  afterwards.     But  about  a  fortnifi^ht  or 
diree  weeks  after,  there  comes  a  gentleman 
to  see  me  at  my  lodgings,  and  falling  into  dis- 
course what  news  there  was ;  our  first  discourse 
was  of  the  lady's  being  missing  ;  he  said,  it 
woidd  be  sad  he  feared  when  she  was  lieard  of. 
Why,  said  I,  what  do  yon  mean  ?  I  suppose 
Mr.  Forrester  and  she  are  together,  for  that 
was  the  talk  of  the  town.   No,  said  he,  it  is  no 
SQch  thing  ;  but  if  you  will  nuika  it  a  secret, 
unless  it  comes  to  be  made  a  public  business,  1 
will  tell  yon  ;  I   do  not  doubt  my  lord  Grey 
Ctfried  her  away  with  a  design  to  debauch  her. 
that  is  hard  to  he  believed,  said  I ;   I  cannot 
befiere  it.     Why,  'said  he,  you  were  there 
wtea  he  went  away  ?   Yes,  said  I,  but  how 
long  was  that  before  the  lady  was  missing  ?  said 
be,  it  was  that  afternoon.    Then  came  into 
ny  mind  his  earnest  discourse  with  Chamock 
tui  that  which  I  obser^^cd  about  it,  and  sending 
Moflbm  for  him  ;  and  I  told  that  person  of  it. 
rot.  IX. 


[Which  was  done,  she  being  in  a  box  by 
the  bar.] 

L,  C.  J.  Well,  what  do  you  ask  that  lady  T 
Serj.  Jeff*  We  produce  her,  my  lord,  to  hear 
what  passed  between  her  and  my  lord  Grey  at 
Goildtord.  Pray,  madam,  win  your  ladyship 
acquaint  the  Court  what  occasion  you  had  to 
go  to  Guildford,  and  what  you  said  to  my  lord 
Grey,  and  what  he  said  to  you,  and  did  after- 
wards. 

Lady  Lucy.  !My  lord,  as  soon  as  my  lady 
Harriett  was  missing,  supposini^my  lord  Grey 
could  best  give  an  account  where  she  ^  as,  1 
went  after  him  to  Guildford,  and  he  was  gone 
half  an  hour  from  thence  before  I  came  thi- 
ther, hut  by  sending  post  after  him,  be  was 
overtaken,  and  came  back  to  me.  I  told  him 
ray  lady  Harriett  was  gone  away,  antl  I  con- 
jured him  by  all  that  was  sacred  and  dear  to 
him,  to  prevent  so  great  a  misfortune  as  this 
would  be  to  the  family.  He  then  pretended  ho 
did  not  know  any  thing  of  her  going,  but  pro- 
mised me,  that  if  he  could  fuid  her  out,  h« 
would  endeavour  to  persuade  her  to  retiiru 
home,  but  he  would  not  force  her.  After  se- 
veral discourses,  which  it  is  impossible  for  me 
to  remember  pai'ticularly  (saying  that  he  had 
donenotlung  that  was  illegal,  and  if  she  did  not 
9ny  thing,  we  could  do  nothing  against  hith  ;) 
he  at  last  parted  from  me,  to  go  to  Ix>ndon, 
as  I  suppose.  I  begged  of  him  that  I  might 
bepemuttcd  U>go  along  with  him,  that  I  might 


147]  STAtE  tRiAlS;  34CflABi.Eftn.  iGBi.'-liidl&f  Lord  Greg  gni0it»r8,[\M 


«peak  tf>  her,  supposinff  I  mi^t  retrieve  Ifih 
business,  and  recover  ner,  before  it  were  gfone 
too  far,  bnt  he  denied  it  toe,  and  went  away. 
After  that  I  met  him,  a  day  or  two  after,  I 
tiiink,  I  cannot  tell  juitly  the  time,  and  he 
pretended,  he  did  not  know  where  she  was, 
out  only  he  knew  where  to  send  to  )^ev ;  and 
lie  would  do  all  he  conld  to  sfet  her  to  retmn 
kome.  He  was  senaiblc^  of  what  a  misfortune 
this  was  to  the  family.  But  soon  after  he 
went  to  Up-Park  asain,  as  be  said,  to  shew  us 
Ibat  he  was  not  with  her.  And  he  afterwards 
Writ  me  a  letter,  wherein  he  says,  he  could 
not  persuade  her  to  come  home,  but  the  con- 
clusion of  it  was,  "  He  would  do  all  he  could 
to  restore  peace  and  quiet  to  the  family,  which 
by  his  follies  were  so  miserably  disturned." 

Lady  Arabella.  Ny  lord,  I  desire  to  speak 
one  thing ;  about  six  weeks  ago  I  met  my 
lord  Grey  attny  lord  chief  justice's  chamber, 
and  he  iM  me,  he  had  my  lady  Harriett 
Berkeley  in  his  power,^  or  in  his  protection,  or 
io  that  effect,  he  said. 
Jtt.  Gen,  I^y  telU  Madam,  when  that  was? 
Lady  Arabella,  About  ^x  weeks  ago,  I 
cannot  justly  say  the  day. 

Sen.  Jeff,  But  if  your  ladyship  nleases,  my 
lady  Lucy,  it  will  very  much  satisfy  the  jury, 
if  you  would  shew  the  letter  yon  speak  of. 
Mr,  Williams,   Ay,  pray  shew  tlie  letter. 
Lady  Lucy,  It  was  a  letter  before  that  which 
he  writ  to  me  at  Durdants. 

X.  C.  J,  When  was  that  letter  you  speak  ot 
written? 

Lady  Lucy.  Aboat  a  week  after  mv  sister 
was  gone,  I  cannot  exactly  remember  the  day. 
Mr.  WilUams,  Pray ,  Madam, can  you  pro- 
dace  that  letter  f 
Lady  Xt^.  No,  I  have  it  not  here: 
Serj.  Jeff.    Then   swear   Eleanor   HiKon. 
[Which  was  done.] 
Sol.  Gen,  Is  your  name  Eleanor  HUton  f 
Mrs.  Hilton,  Yes,  it  is,  Sir. 
Att,  Gen,  Pray  speak  out,  that  my  lord  and 
the  jury  may  hear  you.    Do  you  remember 
the  90th  of  August  last  ?  Did  Chamock  come 
to  your  house  with  a  yoong  lady  ?    Did  you 
ftee  her,  and  what  time  of  the  day  was  it  ? 
Hilton.  I  cannot  tell  what  time  of  day  it  was. 
Sen.  Jeff.  What  day  of  the  week  was  it? 
Hilton.  It  was  on  a  Sunday. 
Sol.  Gen.  What  month  was  it  in  ? 
Hilton.  1  cannot  teD,  truly. 
Seg.  Jeff,  About  what  time  of  the  year  was  it  ? 
Hilton.  About  eight  or  nine  w^&a  ago,  or 
Mvnething  more. 
Sen.  Mff.  WeD,  what  did  yon  see  then  ? 
Eiltqn.  There  Was  a  young  lady  that  eame 
to  our  house,  she  came  or  herself,  Chamock  he 
was  nor  with  her  ;  he  came  before  iodeeil,  and 
asked  me  if  I  had  any  room  to  spare,  and  I 
shewed  him  what  we  had  ;  he  went  away,  and 
I  saw  00  more  of  him  ;  afterwards,  as  I  said, 
ahe  came  ;  but  who  the  was,  or  what  she  was» 
I  cannot  tdl. 
Hep. /(^  Can  yon  desty^  her  clothes? 
MiUm.  fStiA  had  a  oaloiir^i  nigfat-gown  on 


of  several  bolottrs;  I  cannot  say  What  pifflt- 
cnlar  stuff  it  was :  am!  she  had  a  pettiooaf  mi 
white  and  red. 

Sen.  Jeff.  Did  you  see  her  face  ? 

HUton.  I  cannot  say  I  did  fully. 

Att.  Gen.  Do  you  think  yon  ,i^ioiild  know 
her  again,  if  you  should  see  her  ? 

Huton.  I  cannot  say  that. 

Ser|.  Jeff.  (To  the  lady  Harriett)  piVf 
Madam,  wiH  yon  stand  npa  little,  and  tarn «p 
your  hood.    [Which,she  did.] 

Hilton,  T^ily  I  cannot  say  that  is  the  lady^ 

Att,  Gen,  Do  you  believe  it  was  she  f 

HiHon,  I  cannot  say  it  truly. 

Att.  Gen,  Have  you  seen  her  nictnre  ailiee, 
and  is  this  lady  like  that  picture  r 

IMbr.  Attorney.  She  says,  she  cannot  say  it  i» 
the  same  lady. 

Sol.. Gen.  Pray,  Mistress,  to  what  puiposa 
was  she  brought  to  your  house  ? 

Hilton,  They  did  not  tell  me  that. 

Att.  Gen,  Was  it  not  to  lodge  there  ? 

Hilton,  She  staid  Ihere  but  a  while,  ttti 
went  away  again. 

Alt.  Gen.  Whither  did  she  go  then  P 

Hilton.  To  one  Patten's  in  Wfld-street. 

Serj.  Jeff,  You  went  with  her,  mistress,  dM 
not  you  ? — Hilton.  Yes,  I  did  so. 

Sen.  J^.  Pkay,  was  there  any  letter  or  noli» 
broujfnt  to  your  house  for  Chamock  ? 

mlton.  Yes,  I  brou&'ht  it  to  Mrs.  Chamo<3t. 

Seij.  Jeff.  Did  you  near  any  reason  givett 
for  her  removal  from  your  house  ? 

Att,  Gen,  Pray  did  she  ^o  to  bed  at  yod* 
house  ?'^Hilton.  She  did  he  down. 

Seij.  Jef.  What  time  of  the  day  was  it  ? 

Hilton,    About  nine  or  ten  in  me  moninf^ 

Sol.  Gen.  Pray,  did  she  say  she  had  heen 
at  church,  or  what  did  she  say  r 

HiU0n.  She  said  somewhat  to  that  purpose, 
she  said  she  was  Weary. 

Serj./e^.  What  company  came  to  fhe  ladjr^ 
while  she  was  at  your  house  ? 

Hilton,  No  body  but  Mrs.  Chamock. 

Seij.  Jeff,  Did  you  see  Mrs.  Chamod^  ha 
her  company? — Hilton,  Yes. 

Ser).  Jeff,  Yon  saw  her  come  hi  to  her  ? 

Hilton,  Yes. 

Serj.  J^,  Did  she  behave  herself  to  her,  tt 
to  a  lady  of  quality  ? 

Hilton.  I  cannot  tell  that,  trafy. 

Sen.  Jeff.  Why,-  how  did  she  carry  it  to  her  • 

Hilton.  Whether  she  was  in  bed  or  no^  I 
cannot  tdl ;  bat  when  she  came  in,  the  young; 
lady  said,  How  do  you,  Mrs.  Chamock  ?  Shfe 
said,  Your  servant,  madam,  or  to  that  pnrpofe, 
I  cannot  exactly  teD. 

Serj.  Jeff.  Von  bronght  the  note  to  M^. 
Chamock,  yon  ^ay  fSilton.  Yes. 

Att.  Gen,  Did  she  stay  at  Mrs.  Pattdlh'te 
after  that  ? — Hilton.  1  suppose  she  might. 

Sol.  Gen,  Pray  recollect  yourself  a  VltOitp 
and  tell  us  what  colour  was  her  manteau  ? 

^Hilton.  Truly,  it  was  all  manner  of  coiottri, 
red,  and  gteen,  and  Mae,  and  I  cannot  tdl 
wkatcohmrs. 

Att.Gtn.  WUtooHnmBd petticoat P 


i 


H9]  VtiaRTRlAUi,U9BAnnU.  l€K.^€r4etwdki^gLad^H.B€rkeby.  [U9 


EUton.  Rod  ttd  white. 
Sal.  Qen.  How  long  after  diM,  did  you  hear 
Bj  hioi  Berkdey's  daughter  wm  miaiiing  ? 

mUtm,  ilvhUeafW. 

Alt.  Gen,  How  lon^  ?  Was  it  that  week  ? 

Hiilmt.  I  cannot  tett,  it  WM  not  long  alW. 

Ml  Geu.  Was  it  the  same  lad  v  tw  came 
ti  your  house  in  these  clothes,  tJaat  vent  lo 
prtfecn'sait  nieht? 

JL  C.  jr.  Why,  she  says  she  went  with  her, 
4o  not  examiiie  her  the  same  things  over  again. 

Mi.  Gen.  Were  you  examined  be£»re  sir 
Wiliiaak  Tunier,  aboutthis  matter  ? 

HiUoa.  Yes,  I  was. 

Ml  Gen.  Was  it  the/day  of  the  month  you 
tkea  said  it  ^as  P 

EiUon.  I  suppose  it  might ;  I  cannot  tell 
lbs  day  of  the  month. 

Ah.  Gen.  Was  it  the^onth  f 

SiUon.  It  18  like  it  was. 

L.C.J,  8he  has  fixed  it  now  to  be  8  or  9 
wedcsago. 

floj.  Jqlf.  Did  die  giTA  any  reason  why  she 
wsBremsfvedP-^flilfon.  None  at  all. 

Ser}.  Jejf.  Nov,  my  laid,  we  will  bring  it 
down  to  be  dus  my  lady.  Mt  lady  Arabola, 
Vnj,  madam,  what  ckmes  m  my  lady  Har- 
nett go  away  in  ? 

Lady  Arabella.  My  lady  Haniett  bad  such 
clothes  as  they  speak  of,  I  cannot  say  she  went 
away  in  her  Bight  gown,  but  here  is  one  that 
san:  But  there  was  a  striped  night-gown^  of 
many  oolonrs,  green,  and  blue,  and  red. 

L  C.  J.  She  does  remember  she  bad  such  a 
sue,  hot  she  cannot  say  she  went  away  in  it. 

Serj.  Jeff.  Was  there  not  a  chequered  petti- 
coat led  and  white  ? 

Lady  Arabella.  She  had  such  a  petticoat, 
bit  1  cannot  sa^  she  went  away  in  it ;  die  had 
tho  a  white  quilted  petticoat 

Sen.  Jeff.  17hen  swear  Mrs.  Doney  (Which 
WIS  me.)  Ify  lord,  we  call  this  gentlewoman 
to  give  an  account  what  habit  sm  went  away 
ia ;  for  she  lay  with  her  always. 

Au.  Geu.  Did  you  lie  with  my  lady  Har- 
ris Berkeley,  when  she  stole  away  ? 

Mrs.  Doney.  Yes,  indeed,  Sir,  I  did  lie  in 
Ibe  chamber  that  night,  and  she  went  away 
with  ber  morning  clothes,  which  lay  ready  for 
ber  there,  aeainat  she  did  rise  in  the  morning. 
It  wss  a  stnped  night-gown  of  many  colours, 
aad  a  petticoat  of  white  and  red,  aadaquilted 
petticoat. 

AtL  Gen.  Was  she  so  habited,  that  came  to 
ibeboase,Mn.  Hilton? 

L.  C.  J.   She  has  said  so  already. 

Sen.  Jeff".  Now  you  ase  pleaseif  to  observe, 
that  besides  the  circumstances  of  the  clothes, 
Ihere  is  mention  made  of  a  note;  Mrs.  Hilton 
iK?8  she  received  a  letter  and  gave  it  to  Mrs. 
CbuDoek ;  and  that  soon  after  they  went  to 
^UMi's  house  in  Wild-street.  We  shall  call 
^  people  of  that  house,  to  give  an  account 
^W  gentlewoman  it  was  that  came  to  their 
ixnue.  Pray  swear  Mr.  Patten.  [Which  was 
dane.] 

M  Gen.  Pray,  will  you  ted  my  knrd  and  th« 


jury,  whether  Mr.  Chamock  and  his  wife  cam^ 
to  your  house,  and  with  whom,  and  about 
what? 

Mr.  Patten.  My  lord,  about  the  latter  end 
of  July,  or  the  beginning  of  August,  Mr. 
Chamock  and  his  wife  came  to  my  house 
when  we  were  just  removed,  to.  take  som^ 
lodgings  for  a  person  of  quality ;  but  they  did 
not  say  who.  Said  I  then.  We  have  no  lodg- 
ings now  ready  ;  said  they.  We  shall  not  wuii 
them  yet,  till  towards  the  middle  of  September* 
Says  Wf  wifi»,  I  suppose  by  that  time  our 
house  will  be  ready ;  and  if  it  will  do  you  any 
kindness  you  may  have  it.  About  the  30tn 
of  August  being  wnday,  Mrs*  Hilton  brings  a 
mitlewomaa  wiith  Mrs.  Chamock  to  my 
ncNise ;  and  when  Ikey  were  come,  they  called 
me  up,  and  seeing  them  aU  three  there,  I  told 
Mrs.  Chamock,  We  have  no  lodgings  fit  for 
any  body,  of  any  quality,  at  present.  Saya 
Mrs.  Hilton,  Lt^'s  see  the  candle,  and  runs  up 
stairs  into  a  roon\  where  there  was  a  bed,  but 
no  hangings ;  whip  they  came  in,  they  locked 
themsmes  into  the  room.  My  wife's  daughter 
being  in  the  house,  I  desired  her  to  seim  for 
'my  wife,  who  was  then  abroad ;  wliichsbe  did^ 
Tney  desired  my  wife's  daughter  to  lodge 
with  the  gentlewoman  that  they  brougfbt 
thither,  and  they  were  making  the  ped  ready. 

I  sent  them  up  word.  That  I  ftesired  they 
would  walk  into  the  dining-room  for  the  pre- 
seot ;  they  sent  me  won)  £wn  again.  They  did 
not  desire  to  do  that,  for  they  were  alraid  the 
li^ht  would  be  seen  into  the  street,  and  witbal, 

II  any  body  came  to  enquire  for  Mrs.  Char* 
nock,  or  Mrs.  Hilton,  I  should  say  there  was 
no  body  there,  presently  after,  I  think  (or  be- 
fore I  cannot  justly  say  which)  a  letter  was 
carried  up  staurs  to  them,  upon  which  they 
came  down  stairs,  and  away  they  went  up  tM 
street,  and  when  they  were  gone  a  little  way 
on  foot,  Mrs.  Chamock  desired  them  to  turn 
back  again,  for  she  hoped  to  get  a  coach,  anJl 
she  didso,  and  went  away. 

Att.  Gen.  So  they  did  not  lodge  there? 

Mr.  Fatten.  No,  they  did  not 

Seij.  Jeff,  Did  they  say  any  thing  of  care 
that  was  to  be  taken,  now  they  passed  by  my 
lady  Northumberland's  P 

Mr.  Fatten.  My  lord,  I  do  not  well  Demem* 
ber  that:  But  the  next  day  Mrs.  Hilton  oomns 
again  to  our  house,  and  she  runs  up  stairs  inta 
w  same  room,  and  aits  her  down  upon  the 
bed-side.  Said  I  to  ber,  Mrs.  Hilton,  Wl\at 
gentlewoman  was  that  that  was  here  last  niff  ht  ? 
Says  she,  I  cannot  tell,  but  I  believe  she  is 
some  person  of  quality,  for  Mrs.  Chamock 
brought  her  to  onr  bouse  at  7  o'clock  in  the 
mornmfif.  But  whoever  she  %s^  she  is  muoh 
troubled,  we  could  get  her  to  eat  nothing,  but 
her  eyes .  were  very  red  with  crying,  and  we 
came  away  to  your  house  at  niebt ;  because 
hearing  some  noise  c^p^ple  in  me  street,  she 
was  afiaid  some  of  her  father's  servauls  were 
come,  but  it  Was  only  some  peo(>]e  that. were 
gathered  about  to  ohseiTe  the  blazing  star.  So 
wewhippedo«tof  the4oor,  andsQ  came  to  your 


151]  STATE  TRIALS,  34  CHAntBsU.  leBt.—TirUd^f  Lord  Grey  end  4fther$,[lM 

boiiser  for  wc  had  fiever  a  back-door  oat  of  our  I  up  any  more.     And  afterwards   my  fellow 
^^^^  serrant  and  I  were  bid  to  go  to  bed,  and  my 


Att.  Gen,  Pray  give  an  account  what  habit 
the  gentlewonian  was  in  that  came  to  your 
house- 
Mr.  Patten.  She  bad  a  stripetl  flowered 
gowu,  very  much  sullied,  it  was  flung  about 
her,  just  as  if  she  had  newly  come  out  of 
bed.  I  did  see  her  face,  but  when  1  had  just 
looked  upon  her,  she  clapped  her  hood  together 
over  it  presently. 

8erj.  Jeff,  lio  you  think  you  should  know 
her  again  if  you  see  her  ?  *^ 

Mr^Fa^en.  I  believe  I  mig^ht. 
Serj.  Jeff',    Pray,  madam,  stand  up  again, 
and  lift  up  your  hood.    [Which  she  did.] 

Mr.  Fatten.  This  is  the  lady.  I  saw  her 
f&ce  twice,  once  as  I  told  you,  and  then  when 
she  went  away,  I  dropped  down,  and  peeped 
up,  and  looked  her  in  the  face  again,  tnough 
i^e  hid  it  as  much  as  she  could. 

Att.  Gen.  Thus  W8  hare  proved  it  upon 
Chamock  and  his  wife.       • 

Seij.  Jeff.  He  gives  an  account  of  the  90th 
of  August,  which  was  the  day  after  she  went 
from  lier  father's  house.  Pray  call  Mrs. 
Fletcher. 

Att.  Gen.  We  shall  now  prove  that  they 
went  from  thence  to  one  Mr.  Jones's ;  that  my 
lord  Grey  came  there  to  take  lodgings,  and 
after  she  was  brought,  came  thither  again,  and 
though  he  changed  his  hair  into  a  perriwig, 
yet  he  was  known  for  all  his  disguise. 
.  Sol.  Gen.  My  lord,  you  see  that  it  is  proved 
upon  three  of  the  defendants,  my  lord  Grey, 
and  Chamock,  and  his  wife;   now  we  shall 

Srove  it  upon  the  other  two,  the  Jones's.  Swear 
lary  Fletcher.     [Which  was  done.] 

Serj.  Jeff.  Sweetheart,  pra.y  tell  the  court 
where  you  lived,  and  when  my  lord  Grey 
canife  to  your  house  ;  tdl  the  time  as  near  as 
you  can,  and  the  day  of  the  week. 

Fletcher.  Sir,  he  came  to  David  Jones's 
on  the  Tuesday  after  my  lady  Berkeley  was 
missing. 

X.  C.  J.  IVhere  does  David  Jones  live? 

Fletcher.  At  Charing-cross  just  over  against 
the  Statue.  And  living  there,  my  lord  Grey 
came  there  in  a  hackuev  coach,  first  on  the 
Monday  whhout  a  pcn-iwlg,  or  any  thing  of 
that,  and  desired  Mr.  Jones  to  come  to  the 
coach  side,  which  he  did,  and  after  a  little  dis- 
course with  Mr.  Jones,  they  both  came  into 
the  house,  and  went  up  two  pair  of  stairs  to 
look  upon  lodgings.  After  that,  I  had  order  to 
make  ready  the  room  for  soiiie  lodgers  who 
were  expected  to  come  that  night,  but  did  not 
till  tlie  next  day.  About  Tuesday  at  nine  of 
the  clock,  my  lord  Grey  comes  again  in  a  coach 
to  the  door,  and  threw*  his  cloak  over  his  face, 
he  was  then  without  his  perrivng  too,  and  de- 
nted to  si>eak  with  Mr.  Jones:  I  and  my 
fallow  servant  standing  at  the  door,  he  desir^l 
to  speak  with  my  master.  I  went  to  him,  and 
told  him,  he  came  up,  and  ai%er  he  had  been 
at  the  coach  side,  he  bid  us  go  down,  and  keep 
dovru  in  the  kitchen,  and  would  not  let  us  come 


mistress  shut  up  the  shop- windows  herself. 
Serj.  J^  Well,  go  on,  what  happened  after 

that? 

Maid.  Afterwards  there  was  the  warroing'' 
pan,  and  the  candlestick,  «md  otlier  thin^ 
were  carried  up  into  the  chamber  by  my  mis- 
tress's sister.  Says  my  fellow  servant,  thera 
is  som  i  great  stranger  sure,  come  to  lodge  here, 
that  we  must  not  know  of.  Ay,  said  1,  thb  » 
some  great  intrigue  or  other.  After  a  while 
came  in  some  company  that  stayed  all  mgfat. 
I  know  not  who  they  were,    or  how  they 

came. 
Serj.  Jc/f.    Well,  what  was  done  the  next 

moimng  ? 

Maid.  I  was  never  admitted  into  the  room 
while  they  were  there,  but  through  the  open* 
ing  o;'  the  door  I  did  see  one  lady  in  bed, 
but  I  cannot  say  who  she  was,  nor  what  she 
was. 

Att.  Gen.    Do  you  know  her  if  yon  see 
her  again  ?    Look  at  that  kuly ;  is  that  she  ? 
Maid.  No,  I  donotknow  her ;  I  cannot  say 
that  is  she  :  My  mistress,  and  my  mistreas's 
sister  stood  both  before  me,  when  I  just  peeped 
into  the  room,  and  when  she  perceived  that,  1 
did  see  her  pull  the  clothes  over  her  face. 
Sol.  Gen.  How  long  did  she  stay  there? 
Maid.  Nine  nights. 

Serj.  Jef.  Do  you  know  my  lord  Grey 
well? 

Alaid.  Yes,  I  have  seen  him  often. 
Serj.  Jeff.  Did  you  know  him  ootwithstand- 
ingiiis  disguise  ?^  ATatff.  Yes. 

Serj.  Jef'.  What  did  Mrs.  Jones  say  to  yon 
about  my  lord  Grey? 

Maid.  She  said  to  us,  what  fools  were  we, 
to  say  this  was  my  lord  Grey,  it  was  a  country 
gentleman. 

Serj.  Jeff.  But  you  are  sure  it  was  my  lord 
Grey? 

ilaid.  Yes,  I  am  sure  it  was  he. 
-   Att.  Gen.    Did  any  body  else  lodge  at  your 
house  at  that  time  ? 

Maid.  Yes,  captain  Fitz-Gerrard. 
Att.  Gen.  What  discourse  had  you  with  bios 
about  this  lady  ? 

Mr.  Wiiliams.  You,  woman,  did  my  lord 
Grey  stay  there  ? 

Maid.  I  cannot  say  he  did. 
L.  C.  J.  Mr.  Attorney,  if  the  question  yoa 
ask,  be  to  introduce  another  part  ^f  your  evi- 
dence from  captain  Fitz-Gerrard  himself,  it 
may  be  somethmg  y  otherwise  that  can  be  no 
evidence  againstthc  defendants,  what  discourse 
was  with  another. 

Serj.  Jeff.  It  is  so,  my  lord :  and  therefore 
we  ask  you,  sweetbeait,  what  past  between  yoa 
and  the  capkain  ? 

•  Maid.  Captain  Fitz-Gerrard,  the  Monday 
morning  seven- night,  after  my  lord  Grey  first 
came,  called  me  to  his  bed-side,  and  aslceil  me 
if  I  knew  what  lady  that  was  that  lodged  in  the 
house,  and  what  clothes  she  wore,  and  whethev 
she  were  young  or  old,  and  whedier  she  wert 


or  no?  1  toU  him  1  could  not  tell  any 
fUagy  fior  I  could  never  see  her. 

Stfi.  J^.  Do  you  know  what  linen  ahe 
koQipit  with  her  P  Did  yon  wash  any  lor  her  ? 

MMd,   Yea,  one  shift. 

ML  Gen.  What  kind  of  shift  was  it  ? 

Maid,  1  aaid,  it  coukl  be  no  person  of  qua- 
tty  by  her  shift. 

Seij.  Jeff.  Why  so  ? 

Miid.  Because  the  body  was  finer  than  the 
ikevesy  and  ladin  use  to  make  the  sleeves  finer 
&sn  tibe  body.  '  [At  which  there  was  some 


Williams,  A  very  pretty  evidence ! 
Serj.   Jeff.    Pray  call  Mrs.  Doney  ^^ffui^, 
jcanse  you  sbali  not  make  so  slight  a  busi- 
of  the  shift  as  you  pretend,   for  soch 
actions  as  these  mnstbe  detected  by  circum- 


155]  STAT&TRlALS,34CHiMLB8lI.l682.--/tfrdr»«MiUNf  £adr^A£^  [154 

a  very  01  diiM^,  and  occasion  a  ifreat  deal  of 
tronble  and  duquiet  to  a  noUe  family.  And 
possibly  my  lord  and  my  lady  may  not  know 
she  is  alive ;  therefore*  I  desire  you  as  a  fiiend 
to  make  a  discovery  of  the  laily,  that  they  may 
know  where  she  is.  He  seemed  very  angry 
upon  my  saying  of  this,  and  toM  me,  As  k>ng 
as  I  lodged  in  his  house  quietly,  I  need  not 
troubki  raysdf  who  lodged  there  besides. 
Upon  that  I  thought  more  earnestly  upon  this 
thm^ ;  and  I  told  him  again,  I  am  resolved  to 
go  into  the  room,  and  know  who  this  lady  is 
that  lies  here,  for  now  I  suppose  there  is  some- 
thing mor^  in  it.  8ays  he  again,  nobody  shall 
ofikr  such  a  rudeness  in  my  house.  Said  I,  I 
assure  you  I  will  doit.  He  grew  very  angry , but 
I  went  from  him  to  my  sword  and  was  going 
up.  Says  he,  pray  Mr.  Fitz-Gerrard  do  not 
offer  such  a  tbioi^  i^  this  is ;  yon  would  take  it 
unkindly  yours^'  to  have  your  house  searched 
at  this  time  of  night.  Well,  said  I,  upon  con- 
dition that  I  may  see  her  to-morrow  mommg 
before  she  goes  away,  who  she  is,  i  will  make 
no  disturbance  in  your  house  to-night.  Upon 
that  be  left  the  room,  promising  me,  I  should 
to-morrow  morning  see  who  the  lady  was.  I 
went  out  early  the  next  moromr  upon  some 
necessary  business,  and  comingnome between 
eleven  and  twelve  o'clock,  said  I  to  him,  now 
is  a  very  civil  time  to  see  this  lady,  who  she  is, 
for  it  is  not  fit  you  should  receive  any  person 
into  your  house,  in  such  circumstances,  when 
there  is  such  a  cause  of  suspicion.  S^ys  he,  she 
is  now  gone  out  of  the  house.  And  this  is  all 
that  I  can  say  in  this  matter,  I  never  saw  the 
lady  there  then,  nor  did  I  ever  see  her  in  my 
hie,  but  once  or  twice  at  Epsom. 

X.  C.  J.  Did  they  lock  the  door  upon  you, 
captain? 

Capt.  FUi-Gerrard.  No,  they  did  not. 

Seij.  Jeff',  And  you  know  nothing  more  ? 

Capt.  fitZ'Gerrard,  I  neither  knew  when 
she  came,  nor  who  she  wask 

Att,  Gen,  Then  swear  Mr.  Smith  here,  who 
married  one  of  my  lord  Berkeley's  daughters. 


Att,  Gen.  Mrs.  Doney,  pray  did  you  shew 
fliis  wonnan  another  ot  my  lady  Harriett 
fieriieley's  shifts  ? 

Mrs.  Doney.  Yes,  I  did. 

Seij.  Jeff,  Was  it  the  fellow  of  that  she  went 
away  with  ?— -Mis.  Doney,  Yes,  it  was. . 

Seo-  J^-  Woman,  do  you  believe,  upon 
your  oath,  that  was  the  fellow  of  the  shift  you 
saw? — Maid,  Yes,  Sir. 

Seri.  Jeff.  Was  the  body  of  that  you  saw 
from  Uiis  gentlewoman,  finer  than  the  sleeves  ? 

Maid.  Yes,  it  was. 

Soi,  Gen.  Then  pray  swear  captain  Fitz- 
Gorard.    [Which  was  done.} 

Sol.  Gen.  Pray,  Sir,  wiQ  you  tell  the  court 
and  the  jury,  what  passages  fell  out  at  your 
fedging? 

£apt.  FitZ'Gerrard.  My  lord.  It  was  my 
Ibftnne  six  months  ago,  to  take  a  lodging  at 
Mr.  Jones's,  and  while  I  kept  my  hragings 
tiiere,  I  had  occasion  sometimes  to  go  to  Wind- 
sor, to  wait  upon  his  majesty ;  and  one  night 
coming  honae  to  my  lodging,  my  servant  that 
waits  upon  me  in  my  cbamoer,  toUl  me,  there 
was  a  lodger  lately  come  to  the  house,  who 
lay  in  the  upper  rooms.  I  asked  who  it  was ; 
he  tokl  me,  the  maid  of  the  house  told  him  it 
was  a  mistress  of  my  lord  Grey's.  I  asked 
how  long  she  had  been  there ;  he  said,  it  was 
bat  two  or  three  days  since  she  came.  I  never 
thought  of  this  for  four  or  five  days  after,  nor 
thought  myself  obliged  to  take  notice  of  the 
fsGOurse  of  the  servant  in  the  house ;  bat  being 
ra  Covent- Garden  in  company,  there  was  some 
discourse  about  my  lady  Harriett  Berkeley's 
bemg  gone  from  ner  {raier's,  as  it  was  the 
talk  of  the  town.  I  came  home  aboot  nine 
a'clo^  at  night,  and  having  no  servant  just 
then  ready  to  wait  upon  me,  Mr.  Jones  him- 
self came  very  kindly  to  put  me  to  bed.  1  had 
•ome  fancy  upon  the  discourse  of  the  town, 
this  might  be  my  lady  Harriett.  Uoon  which, 
I  nkl  to  Mr.  Jones,  you  cannot  but  near  of  the 
report  of  my  lady  Bierkeley's  being  run  away 
fivm  her  father,  Jind  I  know  you  have  a  de- 
pendance  upon  my  lord  Grey,  and  I  have  a 
sospicion  yon  csonoeal  her  in  your  house.  If 
yon  iop  nkl  I*  700  do  a  very  dishonest  thing. 


[Which  was  done.] 

Mr.  Smith,  Before  my  lord  Berkeley  made 
this  affitir  public,  he  used  all  means  possible 
to  know  where  my  lady  Harriett  was ;  and 
after  it  was  known  to  him  what  concern  my 
lord  Grey  had  in  it,  there  were  all  means  used 
to  make  it  up :  and  discoursing  with  my  lady 
Berketey  about  it,  it  was  proposed  that  she 
should  be  married,  but  that  would  cost  a  great 
deal  of  money ;  that  my  lord  did  not  stick  at, 
nor  my  lady,  if  any  £vine  of  the  church  of 
England  did  tliivk  it  proper  to  treat  with  any 
parson  about  it,  after  such  a  secret  correspon- 
dence between  her  and  niy  lord  Grey.  And 
my  lord  said.  If  my  lord  Grey  would  notpro^ 
secute  her  with    any  more  visits,  he  would 

give  a  sum  of  money  to  marry  her.  SaM  I, 
len,  my  lord,  will  you  g^ve  me  leave  to  wait 
upon  my  lord  Grey  in  it  ?  He  answered.  Yes. 
80 1  went  to  him,  and  ofiered  him  that  my  lord 
Berkeley  would  give  QfiOOl  with  her,  if  b* 


155]  STATE  TBIAI4  S4CiiABLBf  II.  l6S%^^M§l  ^  Imrd  Gr^  md  cihtrs,  (1S« 

voidd  viMf!  faer  ia  a  third  lun^  where  il 
Wf^t  be  CBUTenient  to  treat  with  aa j  one 
abettt  it.  He  talked  with  me  as  if  he  knew 
where  aha  was,  but  would  not  discoTer  it 
Saya  hei  Yau  must  always  suppose,  1  will  take 
your  proposal  in  this  manner,  if  she  is  in  my 
newer,  wiiiab  it  nay  be  she  is,  k  may  be  not. 
Said  I>  My  lord,  yon  make  that,  (if)  only  as  a 
attbtsrluge,  for  to  be  sure,  yoa  kqow  where 
die  is.  Mays  he,  She  is  beyond  seas,  and  if 
vau  will  give  me  leave  to  visit  her  sometimes, 
I  will  promise  she  shall  come  agaiii  ;  but  that 
dapflnas  opaa  tiuie  and  tide,  it  cftaaot  be  so 
irary  seen.  Said  I*,  my  lord,  you  may  as  well 
aeod  hacses  to  Dover,  and  so  ovec  to  Calais,  for 
laonpote  she  may  not  be  tar.  He  said  it 
ipoiuii  be  a  work  of  time,  but  lie  would  write 
to  her.  I  desired  he  would  write  &at  niflrht. 
F4>r,  aaid  I,  my  lord,  if  this  busiaees  be  tuuia 
is  time,  she  may  yet  be  saved,  if  you  will  ooa- 
tribute  what  you  can  to  it.  He  promised  me 
ta  write  that  night  to  her,  but  it  would  be  some 
tiBi^befixresbe  got  to  town.  Then  disoonrs- 
lag  farther  with  my  lord  about  it.  Says  he, 
if  I  aJftould  bring  her  to  town,  I  will  not  use 
any  fiiree  or  petsaa^a  to  bar,  if  she  be  ob- 
itiaately  bent,iiet  to  come  home  again  ;  behraT 
k^  to  lie  sure  I  wiU  not.  I  am  sure,  my  kva, 
aaid  I,  that  your  persuasions  would  do  very 
nnch  with  her,  and  a  great  deal  of  good  may 
fiame  pf  it,  if  the  matter  be  $peed«i.  But, 
aaya  he,  if  I  shouM  bring  her  to  town,  then  my 
lord  Berkeley  would  disturb  her  with  my  Lord 
Chief  Justice's  Wairant.  Said  I,  if  you  wiU 
bring  her  to  town,  I  will  ask  my  lord  and  my 
ladv,  bow  kMu^  time  they  will  allow  for  the 
making  up  or  this  treaty;  and  in  the  mean 
^ma^  uie  snail  be  free  from  any  disturbance. 
Sa^  my  lady  Berkeley,  when  I  spoke  ta  her  of 
it,  Thoiigh  mv  lord  Grey  has  been  so  barba* 
reus  to  a  fiuml^f ,  that  has  been  so  kind  to  him ; 
yet,  if  I  give  him  ray  word,  I  will  keep  it  in- 
viobbly  to  him ;  and  I  do  promise  him,  if  he 
will  brmg  her  to  any  pUoe  where  my  daughter 
Lui^  may  visit  her,  1  will  engage  there  shall 
be  no  search  made  after  her.  And  if  he  can 
contribute  to  carry  her  into  k  place  where  she 
maybe  sale,  and  not  visit  her  himself,  he  diall 
bava  S,000/.  to  do  it.  This  meseage  of  my 
lord's  baiag  barbarous,  Madam,  aaid  I,  it  is  not 
fit  forma  ts  carry  to  my  lord  Grey,  but  ^^ou 
will  {promise  not  to  take  hor  away,  if  he  bring 
bar  to  town,  but  from  the  moment  you  know 
where  she  is,  she  shall  be  safe.  Thereupon 
my  lord  Grey  promised  to  write  to  her  ;  whe- 
ther ha  did  or  not,  I  cannot  tdl.  Atlernards 
he  said  he  had  writ,  but  she  would  not  come. 

AU.  Gen»  What  expenoehas  my  lord  been 
at  ia  looking  after  her? 

Mr.  Smith,  A  great  expenee  |  I  cannot  tell 
partieolariy. 

Serj.  Jtff,  My  lord,  we  have  but  one  witness 
more,  and  that  is  a  gentleman,  who,  by  order 
from  myl(Mr4  and  lady  Berkeley,  kept  my 
lord  Grey  company,  and  be  will  tell  vour  lord- 
ship what  my  lord  Grey  confesseici  to  him,  what 
^  fwamk  ha  had  fe  the  Udy,  and  what  ma- 


I  thodafaaoaed  togat  ridaf  it,  but  cbhM 
Swear  Mr.  Craven :    [Which  was  done.] 

Sol,  Gen.  Will  yau  tell  my  lord  and  ibe 
jury,  whether  you  were  seat  by  ray  loi4 
Berkeley,  to  be  with  m  v  lord  Grey  at  Up-Park, 
and  what  passed  there  between  vou  ? 

Mr.  Craven.  My  lord,  the  Wedaesday  after 
my  lady  Harriett  Berkeley  went  away,  my  hAy 
Berkeley  told  me,  m^  lord  Grey  had  proffered 
he  would  go  down  into  the  comitry  fiir  six 
months,  to  shew  that  be  had  no  designs  vpaa 
her ;  and  therefore,  if  she  would  pro{KMO  soaae 
friend  of  her's  to  go  along  with  nim  ta  kffcm 
him  company,  he  would -W  very  well  satisfied 
with  it ;  and  dien  my  lady  Berkeley  told  me 
she  wouM  fix  upon  nobody  but  me,  if  li« 
wonkl  take  me  with  him.  Than  I  met  my 
lord  Grey  on  Wednesday  morning  at  sir  Tfao* 
mas  Armstrong's,  and  afterwards,  went  down 
to  bis  boose  to  bim.  When  I  cama  there,  hw 
met  me  on  horseback,  and  cama  up  civilly  and 
kindly  to  me.  I  thought  fit  to  give  him  a 
caution,  having  received  such  orders  from  my 
lady.  My  lord,  said  I,  I  am  sorry  I  am  forced 
to  come  upon  such  an  account  as  this,  to  b« 
a  gruard  over  your  words  and  actiona ;  and  I 
am  very  much  troubled  that  this  nnfortunate 
thing  has  happened,  and  yo|i  are  n^ted  to  bai 
the  occasion  of  it.  Says  no,  I  do  own,  Cravauy 
Iharedoneavaryilltning;  but  that  is  past,  1 
cannot  hdp  that  now  ;  but  the  thing  that  ia  U> 
ba  thoBs^t  oa  is,  what  is  to  be  done  far  the  fu- 
ture. My  lord,  aaid  I,  the  best  way,  if  I  naay 
give  yau  my  advice,  were  to  sand  her  home 
again,  before  any  report  bequnead  abroad  tf 
the  business.  How  can  that  be  ?  says  ha,  1  d« 
not  know  where  she  is,  but  I  have  had  a  letter 
from  her  as  I  told  my  lady,  1  did  believa  I 
should  find  a  letter  here  when  I  came  down.  1 
will  shew  you  the  letter,  whiah  he  did.  Mjr 
lord,  said  1,  this  letter  will  be  thou^t  as  of 
your  panning  before  you  csfue  out  of  town.  I 
cannot  tell  what  they  will  think,  said  he,  hu^ 
here  it  is.  Said  I,  my  lord,  I  have  a  great  rea- 
peet  for  yom*  lordship,  aad  do  very  much  de  • 
sire,  fbr  your  own  reputation  and  honour,  aia 
well  as  their's,  it  may  be  made  up  in  some  way 
bdbra  it  be  too  pubhc.  We  were  diacourainf^ 
of  this.  How  shall  that  be  done,  says  my 
lord  Grey.  My  lord,  said  I,  if  yoa  would  con* 
sent  to  ttiis,  to  send  har  over  mto  France,  tia 
Cahusor  Diep,  we  will  there  find  some  body 
that  will  help  her  into  a  nunnery  ;  and  whan 
she  is  there,  she  may  write  to  her  mother,  that 
she  found  she  had  an  intention  to  marry  her  to 
a  match  she  could  not  by  any  means  approve  or 
like  of,  and  therefore  she  went  away  to  prsveot 
her  being  forced  to  it ;  and  this  would  be  as 
plausible  a  thing  as  any  in  the  worid.  And 
when  that  letter  should  come,  my  lady  Berkeiey 
should  shew  it  about  to  her  fiiends ;  nay  mor^ 
wbs  should  go  over  herself  to  fetch  her  back 
again,  that  she  might  ribceive  her  into  her 
house  with  honour.  He  said,  that  was  a  very 
plausible  thing,  and  he  would  do  it,  if  he  coidd 
tell  where  she  w^s ;  but  her  letter  to  him  waa^ 
tiiatAa  was  gone  fimnbwMlQribvl  ahe  di4 


157]  STAt£TRIAlJS»  34CHARLSftII. l682.«— /or  ithauehhtg  taiyH.&rkektf.  [ISS 

hand  and  squeezed  it  sCTinst  her  br^avt,  and 
there  was  the  first  time  he  pRroeived  she  bred 
him  a£^n ;  and  then  she  told  him  he  should 
ffo  to  London  with  them ;  and  he  did  gpo,  and 
from  that  time,  for  a  twelte-month  before  she 
went  away,  he  did  see  her  frequently,  almost 
every  niffht,  pursuinsr  his  amour  m  writings, 
and  speaking  to  her  as  often  as  he  could  hare 
opportunity.  And  though  my  lady  Berkeley 
put  a  French  woman  to  Tie  with  her,  yet  she 
did  use  to  rise  from  the  French  woman,  and  h^ 
did  use  to  see  tier.  And  one  day,  says  he,  dfi 
not  you  remember  you  came  to  the  cliamber 
door,  and  she  was  angrj  at  Tour  coming,  and 
that  the  door  was  not  ooUed,  and  if  you  had 
come  in  you  had  found  me  there  ? 
Seij.  Jeff,  Do  you  remember  any  such  thinfi^f 
Mr.  Craven,  I  do  not  unless  it  were  at  Dur- 


isttbmkfitto  let  bimknow  where  she  was,  | 
fir  fear  he  should  deliver  her  up  again.  Then 
ny  lord   Grey  asked  me  in  what. condition 
tmy  were  all  at  my  lord  Berkeley's  about  it 
flUd  I,  they  are  in  such  a  confusion  a^  tron- 
Ife  they  are  all  mad  almost.    Says  he,  how 
loes  my  lord  bear  it  ?  Said  T,  he  is  so  afflicted 
Ifcat  it  wiQ  go  near  to  break  his  heart.    Says, 
be,  he  b  indeed  one  of  the  men  in  the  world 
ftatis  to  he  pitied  ;  she  pitieth  him  rery  much, 
bat  fbr  h^  mother  she  doth  not  care.  One  day 
vhen  we  went  out  a  shooting,  as  we  did  se- 
veral days  together  ;  Mr.  Craven,  says  he,  I 
vStell  ytyfL  the  whole  intrijnie  between  my 
iHly  Harriett  and  I.    I  have  nad  a  fifreat  affcc- 
tisD  for  her  ever  smce  she  was  a  child,  and  have 
dways  been  taking  great  delight  in  her  com- 
pany ;  and  keeping  her  company  so  often  till 
ihe  mw  tip,  my  passion  grew  to  tiuit  height, 
that  I  eoald  stifle  it  no  longer,  but  I  was  forcS  to 
(dl  her  of  it,  and  then  1  could  not  speak  to  her  <^ 
it,  hot  writ.     But  withal  1  b^s^ed  her  to  take 
oonotioe  of  it  to  any  body,  mr  if  she  did,  it 
#oiiM  ruin  us  both.    She  was  very  angry  to 
hear  of  it,  and  neither  by  writing  nor  speak- 
i^  cocdd  I  perceive  she  bad  any  afTeetion  for 
lae  ^fain,  tiH  the  pariiament  sat  at  Oxford; 
iad  then  I  did  pursue  my  love  and  my  amours, 
and  aft  last,  she  one  dsrr  told  me.  said  she,  I 
bcre  now  considered  of  it,  and  if  you  do  not 
leave  writing  or  speaking  to  me  of  this  matter, 
tfae  vcsty  first  time  you  write  or  speak  to  me 
ania,  i  will  tell  my  father  and  mother  of  it. 
Aact  struck  him  so,  he  said,  that  he  did  not 
knaw  almost  what  to  say  or  what  to  do,  and  he 
walked  np  and  down  just  13ce  a  ghost ;  but  he 
lad  it  as  wdl  as  lie  could,  that  it  should  not  be 
(eredved  by  others.  Butthat  parliament  bemg 
midcly  diasoited,  he  did  intend  to  go  down  to 
Suaaex  to  his  house  there,  being  he  found  sh* 
Was  residved  against  admitting  his  affection, 
and  be  wonld  stay  there  severiu  years,  till  he 
.  bad  weaned  himself  of  his  passion,  and  by 
Ibat  time  sbe  would  he  disposed  of  otherwise, 
and  be  might  be  at  ease.    And  he  hiding  his 
Iroable  as  nrach  as  he  could  from  my  lord 
^rkeley  atid  my  lady,  forbore  to  speak  to  her, 
bat  only  when  he  saw  her  he  could  not  forbear 
looking  earnestly  upon  her,  and  being  troubled. 
Hylord  Berkeley,  notknowiufifany  thing  of  it, 
^'  ttked  Ilim  to  go  to  London  with  us  and  not  to 
flkaaex  ? '  be  was  very  much  peraoaded  by  my 
hrd  and  my  lady  to  it :  ana  at  last,  mV  lady 
Harriett  Berkeley  came  to  him,  and  tbid'  him, 
laid  she,  yon  are  very  ranch  persuaded  by  my 
hAna  and  mother  to  go  to  London  and  not  to 
^Flark,  whv  do  not  you  go  with  them? 
Hadaro,  says  ne,  you  have  stopped  my  journey 
to  London,  yon  have  hindered  my  going  with 
tbcm,  for  I  will  Either  suffer  any  thing  than 
fender  yon  any  disturbance,  and  if  I  go  to 
London  with  yon,  I  shall  not  be  able  to  con- 
tain m vself ;  but  if  1  go  to  Sussex,  I  alone 
Aall  hare  the  trouble  of  it.    But  one  day, 
when-  toy  lord  of  Aylesbury  Was  leading  my 
bdy  Berteley,  and  my  lord  Grey  was  leading 
IDy  lady  Harriott,  she  took  vAj  lord  Grey's 


dants.  And,  says  he,  you  cannot  imagine  what 
I  have  suffered  to  come  to  see  her..  I  have  been 
two  days  locked  up  in  her  closet  without  meat 
or  drink,  but  only  some  sweetmeats. 

Serj.  Ji^.  What  did  he  say  of  his  makMg 
addresses  to  other  ladies  to  take  off  his  passion? 

Mr.  Craven,  He  sidd,  he  did  all  he  could, 
fbr  he  would  tain  have  avoided  bringinfi^  such 
an  iniamy  upon  his  ownfkmily  and  bis  lady's, 
and  he  dfid  endeavour  to  cooihis  passion,  by 
making  love  to  two  otlier  ladies,  whom  he 
courted,  and  enjoyed  both  of  them,  hut  yet 
all  did  signify  nothmg,  he  could  not  subdue  it. 

Att.  Gen,  Pray  tell  us  what  terms  he  in- 
sisted upon,  for  his  patting  with  her,  and  what 
he  said  the  law  was  in  the  case  ? 

Mr.  Crcpoen,  I  told  him,  my  lord,  besides 
the  dishonour  you  bring  upon  yourself  and  two 
noble  families,  you  should  do  all  that  in  you 
lies,  to  avoid  the  punishment  that  will  come 
Uj^nyou  for  it  by  the  law.  Oh,  says  he,  you 
mistake  yourselr  in  that,  for  yon  must  tMak  1 
have  considered  of  all  thUt  bdbre  ;  th^  <ian- 
not  do  any  thinff  in  law  against  me  for  it ;  let 
them  examine  me  case  of  Mrs.  Heneage  and 
my  lord  Cavendish. 

Att,  Gen,  What,  did  he  say  he  would  tKSt 
part  vKth  her  but  upon  tenns  ? 

Mr.  Craven,  He  said,  I  Cannot  persuade  h^ 
and  I  will  not  betray  her.  Truly,  said  I,  my 
lord,  you  had  better  betray  her,  and  when  she 
comes  to  be  sensible  of  her  own  good,  she  will 
thai^  you  for  it  tlien  he  owned  he  had  her 
in  his  power,  but  would  not  part  with  her  never 
to  see  her  again. 

Att,  Ger¥,  What  i#ete  the  terms  be  stood 
upon? 

Mr.  Cfdven,  My  lady  Berkeley  0^nt  me  to 
the  coffee-house,  and  desired  me  to  ask  him* 
if  he  would  give  her  an  answer  to  what  sbe 
had  met  him  at  my  lord  chicf^  justice's  about 
My  lord  told  me,  he  did  not  approve  of  sending 
her  to  the  place  proposed,  but  he  would  send 
her  to  his  own  sister,  his  broiher-in-law  Mr. 
Nevirs  ;  I  told  my  lady  of  it,  who  said,  if  he 
did  state  the  case  right  to  Mr.  Nevil,  she  was 
sure  he  would  not  receive  her,  nor  let  him  come 
to  her  if  he  did.  After  that  Mr.  Petit's  was 
proposed,  so  he  might  visit  her.    But  he  did 


1591  STATE  TRIALS,  34  Cuablbs  II.  l682.--7i'fa/  of  Lord  Greg  and  Uhir$,  [\^9 

«ay,  if  that,  be  the  dewD,  that  they  would 
hare  her  from  me,  and  I  not  to  come  at  her 
when  I  please,  they  shall  oever  see  her  while 
they  live,  nor  will  lever  deliver  her. 

oeij.  Je^.  We  rest  here,  to  know  what  they 
on  the  other  hand  say  to  it,  and  we  think  this 
foul  fact  is  fully  proved. 

Lord  Cavendish,  My  lord  chief  Justice,  I 
desire  to  he  heard  one  word  in  this  matter. 
This  gentleman,  Mr.  Craven,  that  was  last  ex- 
amined, has  been  pleased  to  tell  a  rery  long  im- 
probable story  in  itself,  and  amongst  other 
things  that  he  has  said,  he  has  been  pleased 
to  make  use  of  my  name  impertinently  enough : 
for  he  speaks  of  a  case  that  that  noble  lord, 
he  says,  vnis  pleased  to  mention  to  him.  If 
he  did  mention  that  case  to  him,  and  did  name 
my  name,  he  also  mentions  the  case  of  two 
laoies,  he  says,  iny  lord  was  concerned  with. 
I  desira  to  know  how  he  came  to  name  my 
name,  and  not  tiame  the  two  ladies  he  spealis 
of,  that  that  noble  lord  made  his  courtship  to 
and  enjoyed  ? 

L.  C.  /.  My  lord  Cavendish,  I  could  have 
wished  he  haa  not  named  your  lordship,  be- 
cause it  was  not  at  all  to  the  purpose. 

Lord  Cavendish,  My  lord,  I  am  not  con- 
cerned at  it  at  all,  more  than  at  the  impertmency 
of  his  using  my  name. 

L,  C.  J.  I  could  have  wished,  indeed,  the 
gentleman  had  spared  your  lordship's  name. 

Lord  Cavendish,  I  clestre  to  know  why  my 
name  was  mentioned  more  than  the  two  ladies 
names  P 

Mr.  Craven,  My  lord  Grey  did  not  mention 
the  two  ladies  names  to  me. 

Lord  Grei/,  No,  nor  my  lord  Cavendish's 
neither ;  it  is  all  a  lie. 

Lord  Cavendish,  I  will  bdie^e  my  lord 
Grey's  word  more  than  I  will  his  oath. 

L.  C.  J.  That  your  lordship  may  do  if  you 
please.  But  we  must  not  do  so  here.  Come, 
what  say  you  to  it  on  the  other  side  ? 

Mr.  wuUams.  May  it  please  your  lordship, 
jiadyou  gentlemen  of  the  jury,  I  am  qf  coun- 
sel m  tlib  case  for  my  lord  Grey  and  the  other 
defendants  :  and  that  we  may  come  closely  to 
the  question,  I  desire  I  may  first  state  the 
question  before  you  upon  this  information, 
and  then  you  \^l  the  b^ter  jnd^e  how  far  the 
evidence  that  has  been  given,  is  pertinent  to 
the  issue  that  you  gentlemen  are  to  try.  The 
purts  of  the  information  are  these :  that  my 
lord  Grey,  and  the  rest  of  these  defendants, 
should  conspire  together  to  ruin  and  destroy 
this  youne  tady,  and  in  the  ezecution  thereor, 
to  bnog  tfiifi  their  conspiracy  to  effect,  they  did 
often  solicit  and  entice  her  to  adultery  with 
my  lord  Grey ;  and  in  prosecution  of  these 
their  ill  purposes  and  desi^,  she  was  by  force 
and  arms  taken  away  from  the  custody  and 
tuition  of  the  e^rl  of  Berkeley,  her  father,  and 
being  so  taken  away,  my  lord  Grey,  and  the 
.rest  of  them,  did  procure  her  to  hve  scanda- 
lously with  my  lord  Grey,  in  whoredom  and 
adultery.  These  are  the  parts  of  the  charge, 
and  the  ^destion  is,  whetaer  we  are  guUty  of 


it  ?  For  the  evidence,  I  dare  presume  to  say, 
that  they  have  not  made  any  direct  proof  of* 
the  matter  charged.  On  the  other  side,  they; 
lu^/e,  I  do  agree,  ofiered  something  conjee-^ 
tural,  upon  which  a  man  may  iros^ine  and 
think  what  he  will ;  but  how  far  you  are 
to  conclude  the  defendants  Guilty,  out  of  those 
presumptions,  must  be  left  to  you  ;  I  know 
you  will  very  well  consider  of  it.  It  is  ptain^ 
we  are  in  a  tery  tender  case ;  it  is  a  case  of 
honour  on  all  sides,  and  I  hare  often  heard  it, 
and  always  believed  it.  That  persons  of  honour 
and  quality  in  the  world,  would  rather  loae 
their  lives  than  their  honour.  And  I  believe  it 
is  the  opinion  oT  my  client,  my  lord  Grey,  as 
well  as  of  the  prosecutors  in  this  information. 
And  therefore,  you,  gentlemen,  I  doubt  not, 
will  eiimect  to  have  a  clear  evidence  to  convict 
him  or  this  crime.  And  it  is  not  only  bit 
honour  is  concerned,  but  that  also  of  another 

freat,  illustrious,  and  noble  family,  to  which 
e  is  by  marriage  allied.  So  that  the  aoquittiD§^ 
of  my  lord  Grey  of  this  matter,  doth,  in  a 
great  measure,  acquit  the  other  family  of  so 
^reat  a  scandal.  For  that  will  fUsify  the 
information,  and  by  your  rerdiet  you  will 
remove  those  stains,  tnat  else  may  stick  on  both 
sides.  We  are  equally  between  the  two  fami- 
lies, and  your  consideration  will  be,  whethei' 
you  will  lay  a  stain  upon  both  of  them,  or  ac- 
quit them  both.  Now  thei*e  has  been  no  proof 
against  my  lord  Grey  of  any  one  point  in  the 
imormatiOn. 

X.  C.  J.  No  ?  Sure  you  arc  mticU  mistaken  s 
it  is  a  direct  proof  against  my  lord  Grey,  I 
must  tell  the  jury  so,  and  therefore  apply 
your  defence  to  it  as  you  can. 

Ml'.  Williams.  Truly,  my  lord,  I  hope  it  is 
not ;  and  our  case  is  best  stated,  by  laying  open 
the  truth  of  the  fact,  and  then  the  matter  will 
plainly  appear.  I  cannot  go  about  to  justify 
the  passion  and  the  folly,  for  I  may  well  call 
it  so,  of  my  lord  Grey  and  this  young  lady  in 
this  case.  It  is  mismrtune  enough,  to  be  ac-> 
cused  of  a  thing  of  that  natui-c,  and  it  may  be 
a  great  deal  worse  to  be  convicted.  I  shall 
agree  there  have  been  those  transactions  be-* 
tween  them,  that  it  may  be,  we  cannot  justify 
in  strictness  every  thing  that  my  lord  Grey 
has  done.  But  yet^  we  say  he  is  not  guilty  A 
this  information.  We  do  agree,  there  haa 
been  an  extraordinary  nassion,  nay,  1  must 
say,  a  very  unjustinable  one,  between  this 
lady  and  my  lord  Grey  :  but  to  conclude  out  of 
that,  that  because  there  was  such  an  unrea- 
sonable, unjustifiable,  extraordinary  affection 
between  them,  therefore  we  must  infer  and 
conclude  him  guilty  of  this  information,  ta 
a  very  forced  unreasonable  construction  ;  for 
there  are  degrees  in  love,  and  we  must  not 
conclude  the  worst  thing  a  man  can  be  guilty 
of,  because  he  is  guilty  of  some  degree.  Theo^ 
to  come  home  to  the  case  of  my  lord  Grey, 
we  shall  prove,  and  give  your  lonlsbip  and  tha 
jury  undeniable  satisfaction,  that  my  lord 
Grey,  so  far  from  having  inveigled  away  this 
young  lady,  or  being  any  way  ingtrumental  t% 

1   . 


••  I 


l01}^STAT£llUALS;d4CbARttilII.  iSM^^rAimieUng'Ltiya.Berkeky.  [i6t 


ireyio^  ha  awny,   Uiat  be  med  all 
be  covid  to  have  ^ycntod  any  things  of 
nature  befove,  by  dnoovering  to  my  lady 
adey  her  mother,  my  lady  Arabella,  and 
my  huif  Lucy,  her  n^en,  all  pmooa  of  greai 
WBom^  and  her  neaieat  reiatipiis,  that  abe 
Mintendto  go  away,  by  waromg  them,  and 
ghriBg'  them  full  notice,  that  there  might  be 
BBch  aa  imentioo  in  the  yonng  lady.   .We 
shaH  prore  fikewiflo,  that  m^  man  in  the  world 
caaUdDmoire,  when  abe  was  gone,  to  retrieve 
We  ahaU  make  it  ont  by  undeniable  cnr- 
908,  pfTOved  even  by  their  own  wit- 
It  happened  that  my  lord  Berkeley 
and  hip  ihmQy  withdrew  to,acountry-bou8e  of 
bii  near  Epoom,  io  yom*  county,  gentlemen. 
My  kdy  had  some  jeidousy,  aa  abe  has  been 
|fe»ed  totestdy,  that  there  might  be  some 
eitiaardiaary  paasaon  between  my  lord  Grey 
aad  the  yavng  lady  ;  having  diseovered  it  by 
aamrjettera^  as  she  bath  given  evidence.    My 
Imd  Grc^  aogoainted  her  witli  his  aoapicion, 
tetahe  mtended  to  go  away,  and  was  so  jaat, 
that  ha  did  not  cow^  any  one  th*ng  that  be 
iaear  ;  yea,  to  acquit  iiimfldf  that  be  had  no 
It  demga  himaelf,  and  if  ahe  did  get  away  it 
was  Done  af  hia  fiuilt,  he  produced  a  copy 
•f  a  letter  of  admonition,  which  my  lord  Grey 
hiBMelf  had  writteii  to  her :  and  when  my  lady 
had  heard  bia  advice  about  it,  and  bis  counsel 
he  gave  her,  ahe  aaid,  her  father  could  not 
|Mve  i^ven  her  better  coonsel.    This  was  so 
caily  aa  JuIy  ;  in  the  beginning  of  August, 
my  Wd  BeiKcley  goioff  down  to  bis  couiitr^r- 
hooae  at  Epeom,  and  the  family  removing  tbi- 
0Mr«    Then  my  lord  €hrey  was  sick  here  in 
Iowa  ;  and  in  tnis  sickness  of  bis,  there  was  a 
lettar  sent  to  my  lord  Grey  from  his  lady,  de- 
mnag  him  to  come  down  to  my  lord  Berke- 
ky'a ;  hut  it  aeetus  he  bad  been  under  some 
cagagemcnt  to  my  lady  Berkeley,  not  to  come 
wiUioutiier  leave;  and  having  regard    ohis 
word  past  to  qay  lady,  he  would  not  do  it.    My 
My  Berkeley,  in  a  few  days  afUr,  sent  for 
him  herself,  and  therein  .thanks  him  that  he 
was  so  just  to  bia  word  and  honour,  that  he 
woaU  mat  come  down  without  her  invitation. 
UpoB  Tossday  before  this  mdiappy  kidy  went 
away  from  her  fatber's  house,  my  lord  Grey, 
caaaeto  my  lord  Berkeley's..  When  he  came 
jbnra*  he  was  tery  kindly  received  by  my  lord 
mi  my  lady.    On  the  Thursday  ibilowing 
my  la^  Berkeley  acoaaints  ray  lord  Grey, 
dial  this  yvmg  lady  had  a  design  to  leave  her 
Ittb9  9nd  mother's  fiimily,  and  run  away. 
Mf  lord  Gciry.  was  so  firank  with  her,  aa  to  tell 
ter;  Madam,  I  have  long  suspected  such  a 
fhisgy  as  I  have  told  yon ;  botlnladam,  your 
daoghter  Harriett  is.  all  day  in  your  eye, 
yoa.may  look  bar  ud  at  night,  and  secure  ner 
if  ysv    please.    This  was  a  timely  caution 
ma  hAiM  ahe  Inade  her  cm^^-    On  the 
Fndhyfi>llowuigceaEieaa.ktter  from  aa  un- 
kaowBhaad'tomyUdy  Berkeley,  that  mti. 
Medythat  mocept  they  had  a  great  care  of 
thdrdaarttetMAa  alma  eye  oyer  her,  she 
mk  hwftthartflMUr*!  kpg  miQoj  heroonfi. 

▼01.  1JU 


psay.    My  lad^  Berkeley  shews  this  letter  to 
my  IM  Gref ,  say;B  he.  Madam,  this  is  no 
inore.than  wnat  Tbave  often  told  yon,  I  have 
given  yon  some  IntimationB  already,  and  my  < 
tbougMs  and  advice  about  it  $  and  whoever  it 
be  tlmtwjrit  this  leUer,  I  am  afiaid  her  appie*  • 
hensions  of  tome  iU  usage  may  put  her  upon  ^ 
some  «ucb  desigfki.    And  he  repeated  it  aeain,  ^ 
Madam,  let  me  caation  and  advise  you,  nava ' 
her  always  iu  your  eye,  and  lock  her  up  safe 
at  night.    This  was  r^eatad  over  and  over,  to 
my  hidy  Loc};,  and  my  lady  Arabella.    Thus 
it  continued  till  Saturday,  my  lord  Grey  re* 
aolved  to  so  to  biscotmlry-hoaBe  atUp^rark, 
and  took  bia  leave  of  my  lord  Berkel^  and 
his  £muly  accordingly,  and  went  that  night  to 
Guildford,  and  there  he  Jay,  and  rose  the  next 
momuigto  go  onwardx  ofhis  journey,  but  was 
puraued,  it  seema,  by  my  lady  Lucy.    For  she 
tells  you,  when  this  young  lady  bad  left  her 
father's  fbmily ,  she  inunediately  on  the  Sunday 
morning  came  to  Guildford,  and  sent  after  my 
lord,  who  was  newly  gone  on  his  way,  and- 
waa  found  on  lisi  way  to  his  house  in  Haatex*, 
Having  received  my  lady  Lucy's  commands, 
he  returns  to  €hiildford,  and  there  he  bad  the 
first  notice  given  bim  of  my  lady  Harriett's 
escape ;  toys  be  to  my  lady*  Lucy,  this  is  no 
more  tban  I  have  fairly  warned  you  of  before  ;• 
had  you  taken  my  counsel,     naa  she  locked- 
up.P  No,  said  she,   she  is   gone  away,  and 
your  lordahip  must  needs  know  where  abe  is,> 
and  therefore^  pray  set  her  to  return  home 
again.    Says  my  lor^  Grey^  1  assure  you  I 
Imow  nothing  at  all  of  it,  an^  to  give  you  all 
the  satisfrction  I  can  in  the  worM,  I  did  not 
only  warn  you  of  it  before,  but  I  shall  be  as 
industrious  as  any  of  you  all,  you  shalil  fiuf},  to 
recover  her  again.    For  that  purpose,  I  wilt 
see  if  she  have  crossed  the  river,  or  is  gone 
any  other  way ;  and  if  I  can  make  any  die* 
eovery,  by  fetter  or  any  other  way,  I  wilt 
send   you    word   immediately ;    and    I  am 
so  ainoere  with  you,  that  if  any  letter  coma 
to  your  family  for  me,  I  give  free  liberty 
to   my   lord   and    all   his    family    to   open 
them  themselves,  and  see  what  is  in  diem } 
and  if  I  do  receive  a^y  from  ber  any  othet 
way,  a  true  copy  of  it  ahall  be  seut ;   and 
mere  tban  all  this,  if  my  lord  be  nM  satisfied 
with  what  I  have  said,  let  my  lord  or  my  lady 
send,  and  set  what  spy  upon  me  and  my  ac<« 
tions  ihey  please.    Aod  it  seems  he  was  taken 
athcB  word,  and  they  made  choice  of  a  very 
pro^v  gentleman,  and  you  heard  what  diB-< 
ooveries  he  has- made,  and  how  he  baa  worded 
die  matter.    For  first  ,he  makes  my  lord  Grey 
at  one  time  a  very  subtle  lover,  full  of  all  in- 
trigues, and  one  that  could  conceal  all  within 
himself,  and  yet  (when  it  would- do  liim  ao 
much  injury)  so  open,  as  absolutely  to.  unbosom 
himself  to  one  that  waa  an  absolute  spy  upon 
hhAimd  his  actions,  and  tell  him  such  thii^ 
as  no  man  in  the  world  sure  is  such  a  fool  aa 
to  tell  another  in  his  cireumstanoea.    But  that 
I  leave  to  the  jury  (as  my  lord  Cavendish  has 
"  tooflbnteortbeimpertiiiencyofhislong 


M 


1€S]  STA3X  TRIALS,  MCBABL18  n.  i€M^THal  rfLori  Cfigy^nni  ofJbrf,  [164 


Blory.  When  he  had  parted  from  my  lady 
Lucy,  heoames  to  London,  and  UMth  all  the 
cHliipeDce  he  could  ^  find  her 'out.  On  Wednes- 
day again  he  leaves  .London,  when  he(ould 
not  &d  her,  and  ^th  to  hts  own  house : 
Upon  Thursday  this  gendeman  Mr.  Craven 
comes  thither  to  him.  There  he  finds  a  letter 
from  my  lady  Harriett,  and  b^use  he  would 
be  exact  to  his  word,  be  keeps  a  copy  of  the 
letter,  and  sends  the  origin^  of  it  tr>  my  lord 
Berkeley's.  Now  no  man  will  imagine,  if  he 
had  such  an  intrigue  with  this  lady,  as  they 
would  make  the  world  believe,  that  he  would 
ever  have  sent  such  a  letter  oat  of  his  custody, 
which  would  have  been  a  colourable  excuse  ror 
him.  Nay,  we  do  not  rest  here,  but  by  the 
way  we  produce  this  letter  to  this  gentleman, 
who  it  scorns,  was  our  guardian,  and  told  htm 
moreorer,  here  is  my  answer  to  this  letter,  and 
sends  a  copy  of  his  answer  with  the  letter 
from  her  to  my  kdy  Berkeley.  Then  there 
comes  a  seoona  letter,  and  he,  accoiding  to 
his  word,  discovers  Uiat,  and  there  is  not  one 
oircumstance  in  all  his  carriage  that  doth  ac  • 
cuae  him.  .  After  *  this  second  letter  was  inH- 
I»rted  to  my  lord  Berkeley's  family,  he  con- 
tinued a  while  at  Sussex,  and  afterwards,  when 
he  returned  to  London,  he  used  all  the  means 
imaginable,  for  a  person  that  was  so  near  con- 
cerned in  point  of  relation,  and  in  regard  of  Ins 
own  reputatien,  to  have  found  her  out,  but 
oould  not  These  are  the  drcumstanoes  pf 
my  brd  Grey's  particular  interest  in  this 
matter,  and  when  we  have  made  out  tiiese 
<^pcum8tance^  we  hope  the  worid  will  be)ieve 
Mm  not  g^ty.  It  seems  the  young  lady  is 
now  in  court ;  she  is  so  just,  it  seems,  as  to 
come  to  do  my  lord  right,  and  that  one  thing 
wilTknockaU  tbeir  conjectures  on  the  head; 
for  she  best  knows  what  has  been  done,  and 
theiury  will  consider  whether  this  be  imagi-^ 
naUej  that  my  lord  Grey  should  conceal  bef 
•U  this  while,  and  produce  her  now,  when  if 
•ny  violence  hath  been  offered  her  she  may 
freely  tdl  it  And  as  for  the  man  that  couU 
ten  so  Teiy  readily^  this  was  tha  very  kdy 
that  came  to  his  bduse,-  when  she  had  so 
hooded  and  muffled  up  herself,  we  must  leave 
him  and  his  credit  to  the  jury.  We  sbsil 
thereforo  desire,  when  we  come  to  the  close  of 
our  evidence,  that  thi«  young  lady  may  be 
here  examined  uponiier  oath,  and  then,  I  hope, 
the  truth  will  come  out. 

Mr.  Thompton,  My  lord,  because  your  lord- 
ihip  seems  to  be  spmewh^.  satisfied  that  there 
is  a  direct  proof  of  the  matter  charged  against 
my  lord  Grey,  therefore  1  suppose  it  wTll  not 
be  amus  to  open  the.  fact,  and  in  three  words  to 
stale  tne  charge,  and  the  nature  of  their  evi- 
dence to  maintain  it-r 

X.  C  J.  Come,  .oome,  call  yeqr  witnesses 
and  make  out  your  defence. 

Just.  Dolben,  If  you  can  prove  what  Mr. 
Williams  says,  you  do  something,  but  do  not 
think  to  vuSke  long  speeches;  go  on  to.  the 
Cfidence. 

It-  C.J.  Any,  Mr.  Thompsoiiy  do  not  you 


befieve  we  want  any  of  yourhdp  to  reooUeef 
the  evidenee  given,  or  to  direct  the  jury  about    ^ 
it,  do  you  disprove  it  if  you  can. 

Mr.  Thompson,  Myford,  theoonrseofprac-> 
tice  I  always  took  to  be  so,  to  open  and  observe  • 
upon  the  evidence  given,  and  then  answer  it 
But!  submit  to  your  lordship  for  that;   yoa 
may  do  as  you  pleoae. 

Lord  Grey,  Then,  my  hnd,  I  desire  1  may 
speak  something  myself.  Certainly,  my  lordy 
no  man  ever  lay  under  a  more  infamous  accu- 
sation, than  I  now  do ;  and  therefore,  I  hope^ 
your  lordship  will  pardon  me,'  if  I  defend  myself 
as  weU  as  I  can  mm  it ;  and  undoubtadly,  if 
in  any  case  a  man  be  allowed  to  speak  for  him- 
self,  it  must  be  tdlowed  to  roe  m  this.  My 
honour  lies  here  at  stake,  and  if  my  life  did  so 
too,  I  am  not,  nor  should  be  more  conoenwd  to 
save  that,  than  I  am  to  dear  my  reputstioD, 
which  is  and  ought  to  be  very  dear  to  me* 
My  lord,  were  I  goilty  of  Ae  viUainies  that 
here  are  laid  to  my  charge,  I  certainly  should 
need  no  other  punishment,  I  am  sure,  1  eould 
not  have  a  worse,  than  the  'reflections  of  my 
own  oonscitece  for  them,  and'  I  ought  lo  he 
banished  the  society  of  mankind.  My  lord,  I 
must  coniiesB,  I  have  been  so  unhaj^y,  (though ' 
it  is  more  than  they  could  else  prove)  as  to 
have  a  very  gr«at  kindness  ibr  this  unfortunate 
young  lady,  my  lady  Harriett  Berkeley :  but 
yet,  not  so  criminal  a  one  as  the  witnesses  that 
have  been  produced  would  have  you  tO'believey 
nor  as  the  infonnation  would  insinuate.  .1  do 
here  protest,  I  was  no  way  assistiBg  to  her  es- 
cape, nor  privy  .to  it ;  nor  have  1  ever  at  all 
since  detainled  her  from  her  fether,  though  I 
have  sufiered  a  fortnight's  close  confincnient 
and  imprisonment  for  tt ;  and  all  this  I  doubt 
not  to  make  out  to  your  bvdship's  and  the 
jury's  satisfaction.  I  «ball  say  no  more  of  the  . 
justice  of  my  cause,  but  endeavour  to  prove  it ; 
and,  my  lord,  this  is  that  which  I  say  to  it. 
The  evidence  that  has  been  given  consists  moot 
of  such  and  such  disQOursi^  that  have  been  be- 
tween tlie  witnesses  and  myself,  and  those  I 
sbaU  give  what  answer  is  nt  to  be  given  to 
them.  A  negative,  as  your  lordship  very  widl 
knows,  is  not  to  be  proved.  Particular  dis- 
courses we  have  had,  ef  the  same  nature  ae 
Mr.  Williams  has  opened,  aboet  my  cauliouingf 
them  concerning  her  Utempts  to  fo  away  i  ' 
and  I  shall  app^  to  my  lady  Berkdey  her^ 
self,  whether  that  be  not  so.  If  my  lady 
Berkeley  own  it  to  be  true,.  I  h6pe  that  is  very 
good  proof.  My  lord,  about  the  time  that  tiiey 
speak  of,  concerning  the  letter  whidi  I  take  to 
be  in  June  or  July,  I  was  sent  for  1^  my  lady 
Bericeley  into  her  chamber;  when  I  name  there, 
my  faidy  told  me  there  was  a  letter,  which,  she 
said,  was  desired  to  go  from  her  daughter  to 
me.  I  askedlier,  if  she  had  read  the  pententa 
of  the  letter,  she  said  no.  I  asked  her,  whortter 
the  direction  of  the  letter  were  to  me,  she  could 
not  tell  Urnt,  But  my  Udy  had  .told  me,  her 
daughter  had  given  her  the  aecomt  of  what 
had  passed  between  us,  that  abewia  satisfied 
thece  was  a  oorrespoiideiioe  of  kite  between  vb^ 


165}  STATETRIALS,  94C9ABlsft  n.  1663.—, 

1^  raaMrretO  inn,  I  proffered  to  abwDt  my- 
irif.  I  desire  my  lady  may  aoswer  whether 
this  be  DOt  80. 

L.  C.  J.  That  will  be  to  intneate  the  busi^ 
aesB^  to  go  OD  thus.  Pniy,  my  lord,  if  yon  will 
aik  ai^  question  of  any  body,  tell  them  your 
cmmsei,  and  let  them  ask  them,  but  to  make 
kMMf  diaoounes  all  day  is  ifl>t  to  be  permitted. 

£ofd  Grey.  My  lord,  I  will^^k  then  my 

Scstions  all  together  by  and  by..  My  lad^r 
irkdev  going  down  with  my  ford  to  Dar- 
daoti,  desired  that  my  wife  might  go  down 
vitl^  her,  to  which  I  readily  consented.  Soon 
after  that,  I  fell  sick  and  kept  my  bed  a  while. 
When  I  was  well  ag^un,  an^  going  into  Sussex, 
I  snit  for  my  wife  to  town,  and  would  not  go 
ftCch  her,  because  I  would  keep  my  word  with 
her  ladyship.  My  lady  Berkeley  thereupon 
wrote  me  a  letter,  wherein  she  thanked  me  for 
JBOt  coming  according  to  my  promise,  and 
eommendea  my  modesty  in  it ;  and  said,  there 
would  be  no  apprehension  of  any  ill  from  me, 
if  I  did  come  thither  for  a  short  time.  And 
tfaoenpon  being  invited  by  her  ladyship,  to 
tdoe  her  house  in  my  way  to  Suiisez,  i  did 
osme  down  thither.  And  I  urge  this,  to  shew 
tbst  there  was  no  conspiracy  or  design  of  any 
nidi  thing  in  me,  for  I  had^ot  gone  to  Dur- 
duita,  if  I  had  not  been  sent  for,  and  so  there 
i^as  DO  design  in  my  going.  When  I  came 
tUther  it  was  the  Tuesday,  and  on  the  Thurs- 
day my  lady  Berkeley  did  acquaint  me,  she 
was  niMer  great  apprehensions  and  fears ;  and 
I  adced  her  the  reason  of  it.  She  ^Id  me, 
"Riat  the.  had  been  at  some  ease,  her  daughter 
baTing  made  a  great  submission  to  her,  and 
promise  of  constant  obedience,  and  that  she 
wsvlddo  all  as  she  would  have  her,  if  she 
WDold  but  giTe  her  leave  to  go  to  town  with 
her;  but  yet,  for  all  this,  one  morning  she 
puis  on  her  hoods  and  scarfs,  and  was  going 
sway,  and  had  done  it,  but  that  the  French 
WQsaan  and  another  prevented  it.  I  told  my 
hdyBerkdey  then.  Madam,  said  I,  I  have 
good  Tsason  to  believe  she  may  have  some 
saeb  intention.  I  did  not  give  my  reason  at 
thst  time,  but  I  shall  by  ana  by.  But,  said  I, 
if  she  do  go  away,  I  cannot  imagine  but  that 
it  is  possible  she  may.  send  to  me,  and  I  will 

E*  eyoor  ladvahip  notice  as  soon  as  ever  1 
vw ;  and  tooii^  yon  seem  to  be  satisfied, 
aod  to  think  your  daughter  secure  here,  yet 
yoQ  do  not  thJoiSf.  her  so  indeed ;  and  you 
umst  needs  use  her  fli,  or  she  would  have  no 
^Mights  of  i^ng  from  you.  For  my  part, 
if  she  do  go  away  and  come  to  ipe,  I  will  shun 
it  as  I  would  death,  aad-yoa  have  now  fair 
wanung' ;  she  ia  all  d^  in  your  eye,  pray  be 
soie  to  kx^  her  up  um  at  night.  Upon  Fri- 
day fbnowing-  comes  a  letter  wi&out  a  name 
to  it,  and  Mr.  WiDiams  haa  opened  to  you  the 
cotttents  of  the  letter.  She  read  the  letter  when 
bar  daughter  was  in  the  room,  who  asked  what 
theklter  was,  and  being  denied  to  have  any 
■ccooiit  of  it,  was  in  the  greatest  confusion  in 
the  world,  and  leaped  and  run  dawn  stairs  like 
A  Quul  tbiiig,  and  my  lady  heraelf  was  very 


much  diitorbed  at  it  When  I  kaw  the  letter, 
paadam,  said  I,  this  letter  ought  to  confirm  you 
in  the  resolution  of  taking  my  advice ;  it  can 
coroe  from  nobody,  but  some  one  that  is  to 
assist  in  the  executuig  of  this  design,  but  thinkfl 
it  too  daii^perous  to  engage  in,  and  gives  you 
thia  warning  to  prevent  it  You  have  suffi- 
cient caution  given  you  to  make  you  careful. 
Whereas,  my  lord,  if  I  had  been  in  any  sort 
of  conspiracy  of  that  nature,  to  take  her  away, 
my  )ady  Berkeley  certainly  should  have  been 
the  last  woman  in  the  world  that  I  would  have 
commnm'cated  it  to.  My  lord,  I  went  a^ay 
from  Durdants  on  the  Saturday,  and  so  to 
Oufldford,  where  I  lay  that  night,  and  went  on 
my  journey  the  next  morning,  but  was  over- 
taken on  the  road,  by  a  messenger  from  lady 
Lucy,  who  was  come  to  Guilford  to  speak  with 
me ;  when  I  came  back  to  her,  she  told  me, 
my  lady  Harriett  was  gone  away  that  night, 
and  th^  did  believe  I  knew  where  she  was. 
Said  I,  Madam,  I  have  as  great  a  share  in  this 
misfortune  as  any  of  you  all,  because  of  your 
supicion ;  but  sure  you  must  have  used  her 
very  iH  and  make  her  do  this ;  and  you  are 
much  to  blame,  when  you  had  all  that  warn- 
ing from  me ;  why  did  you  not  secure  her, 
and  lock  her  up  as  I  advised  you  I  Said  she. 
She  was  locked  up,  but  the  key  was  left  in  the 
door.  Upon  this  I  went  to  London,  and  I  had 
appointed  my  lady  Lucy  to  meet  her  on  Mon- . 
day  morning,  to  give  an  account  what  I  could 
learn  ;  but  I  told  ner,  that  I  had  heard  nothing 
of  her,  nor  is  there  any  proof  that  I  did  see  her 
at  any  time,  till  I  owned  it  before  your  lord-^ 
sdiip  at  your  chamber.  She  seemed  not  to  be- 
lieve me  when  I  told  her  so.  Madam,  said  I, 
it  is  certainly  true ;  aud  to  convince  you  that 
I  have  no  hand  in  this  matter,  I  will  go  imme- 
diately into  Sussex,  and  there  I  will  stay  as 
lon^  as  you  wiU  have  me ;  and  if  you  please 
to  go  yotirself  with  me,  or  send  any  body  else, 
to  observe  what  I  do.  She  thought  it  not  (it 
for  herself  to  go  with  roe :  but  my  lady  Berke- 
ley and  she  afterwards  pitched  upon  Mr.  Cra- 
ven, who  had  been  a  long  time  a  servant  in  the ' 
family,  and  I  agreed  \vith  my  lady  in  that,  to 
have  him,  and  receive  him  as  a  spy  upon  me. 
Discoursing  with  my  laily  Lucy,  said  I,  Ma- 
dam, ndw  1  will  tell  you  .the  reason,  which  I 
forbore  to  tell  my  laoy  Berkeley,  why  I  bad 
good  ground  to  suspect  my  lady  Harriett  had 
a  design  to  go  away,  and  it  was  tliis :  My  lady 
Harriett  came  to  me  one  day,  about  six  weeks 
or  more  ago,  in  the  court-yard  at  St.  JohnX 
and  says  she  to  me,  I  am  used  like  a  dog,  I 
live  the  life  of  a  slave  here,  L  can  endure  it  no 
longer ;  by  the  eternal  God  that  made  me,  I 
wUI  not  be  alive  long,  unless  I  can  set  myself 
at  liberty.  This  I  said  to  m^  lady  Lucy ;  and 
these,  said  I,  were  reasons  enough  for  me  to 
warn  you  to  look  well  after  her.  I  did,  ac- 
cording to  agreement^  go  into  Sussex  imme* 
diately  ;  and  I  then  told  my  lady  Lucy,  I  be- 
lieved I  might  have  a  letter  from  my  laay  Har  * 
riett,  by  the  Wednesday  night's  post,  because, 
said  I, ierio cannot writesooner  than tha^  and  if 


t€r]  STATS  TBI ALS»  34Ciu»jiE»«.  l«M.-'T«Vrf</iX0it3r<w<«««rF,  [ifi* 

Ibave^  I  wUlsend you.  wcnnL  Wlieii  I  vf§B 
tbere^  Mr.  Craven  came  the  next,  day  to  my 
kou^ ;  and  an  soon  as  he  came,  said  I,  Here 
is  a  lette)*  I  have  received  from  my  ]ady  Ibr- 
riett,  and  if  you  will,  jrou  may  tale  a  copy  of 
it.  I  took  a  copy  of  it  myself,  and  sent  the 
original  of  it  to  my  lady  X.ucy,  though  they 
have  not  thoug^ht  fit  to  produce  the  letter  now 
in  coUrt,  that  vour  lordship  and  the  jury  might 


see  it.    But  tlere  is.  mine,  which  is  the  first 
account  what  was  hecomc  of  her  after  she  went 
away,  that  I  received,  except  what  account  I 
had  firom  my  lady  Lucy  at  Guilford;  and  this 
will  shew  to  all  the  world,  that  I  was  not  so 
much  privy  to  her  going  awav,  as  they  say  I 
ffras.    I  had  deuicd  to  assist  her  in  it,  when 
she  complained  to  me  of  her  ill  usage;  and 
when  she  attempted  to  ffo  away  before,!,  upon 
my  lady's  telling  me  of  it,  gave  her  sufficient 
-  caution.    And  for  the  ti-uth  of  all  this,  I  appeal 
to  those  very  witnesses  that  have  been  pro- 
duced agaiust  me.    When  I  had  shewn  this 
letter  to  Sir.  Craven,  1  sent  it  away  by  a  ser- 
vant of  my  own,  to  my  lord  Berkeley's,  and 
wnt  to  my  lady  Lucy,  and  desired  her  to  pen 
Whatever  answer  she  should  think  fi^,  to  send.  | 
My  lady  Lucy  did  write  to  me  back  again,  and 
tofd  me  the  substance  of  what  1  was  to  write, 
but  the  penning  of  it  she  did  leave  to  me,  for  she 
believed  I  woiUd  do  it  effectually.    I  did  write 
an  answer  to  my  lady  Harriett's  letter,  and  that 
apswer  I  shewed  to  Mr.  Craven,  and  asked 
him  if  it  were  sutucient,  and  he  seemed  to 
approve  of  it.    The  lady  herself  is  in  court,  I 
know  not  whether  she  can.  give  an  account  of 
the  letter,  I  suppose  she  can  tell  you  what  an 
one  it  was.    1  had  ailerwards  another  letter 
from  her  in  answer  to  mine,  and  that  I  hare 


me,  I  could  npl  protect  heragaisslh«rfiitter.  * 
I  then  told  your  lordship'  &od  my  lady  Qetl(e* 
ley.  She.  was  not  in  my  house,  nor  in  my  om- 
tody.    They  replied,  She  was  in  my  power  ; 
but  how  coukl  she  be  in  my  power,  when  8h« 
was  not  in  my  custody,  nor  in  my  bdgi«g  t 
But  my  crime  was  that  I  knew  where  she  w«a*~ 
And  it  I  do  deserve  punishment  for  keepin|^ 
my  word  and  faith  with  her,  which  Ji  gare 
her  in  a  letter,  upon  her  impor^ity  n^  to 
betray  her,)  must  submit  to  it,  I  could  not  in 
honour  da  otherwise.    My  lord,  I  desire  tbia . 
first  tetter  ma^  be  read,  which  was  first  scot  by 
my  lady  Harriett  to  me. 

£.  C.  J.  Surely,  my  knrd,  for  all  your  \ot$g 
discourse  youcanpot.  hut  apprehend  youradf 
mistaken,  when  vou  say  there  is  no  crime 
charged  in  the  inrormation,  but  the  taking  her 
away  to  such  an  intent  and  purpose.  Surdy 
there  are  other  things  besides  that  Ana 
what  you  speak,  if  not  proved,  your  lordship 
knows  must  pass  for  notbmg. 

Mr.  William.  My  lord,  your  lorcbhip  has 
made  a  right  distinction  between  disooufMS 
and  proofii.  Therefore  discourses  between 
strangers  and  thii-d  persons,  are  not  to  be  stood 
upon,  but  tlie  proofs  are  ;  and  all  the  evidence 
together  must  be  leil  to  the  jury,  to  oonsiriks' 
what  is  material  and  peitment,  ^iid  wbat  not. 
We  shall  therefore  go  on  to  our  evidence  ^  and 
shall  begin  with  my  lady  Berkeley  first,  gnd 
ask  her  ladyship  some  questions,  and  we  de- 
sire to  know  whether  she  hath  seen  this  leU* 
tor? 

L,  C.  J.  But  take  notice,  the  letter  you  pro- 
pose, we  cannot  read  it. 

Mr.  Williams.    But,  my  lord,  it  was  agreed 
I  between  my  lady  Lucy  and  my  lord  Grey,  tliaft^ 


here,  and  it  will  appear  by  both  of  those  let-    if  he  received  any  letters  from  my  lady  Har^ 


ters,  whether  I  had  any  interest  in  her  going 
away.  Though  perhaps  that  would  not  have 
been  such  a  crime  neither ;  and  vet  I  think 
.withal,  that  there  is  not  a  tittle  or  proof  that 
f  had  any  hand  in  it,  not  one  proof  of  any  cir- 
cumstance like  it.  And  if  there  be  any  crime, 
it  must  be  the  taking  her  away,  to  suen  an  in- 
tent and  purpose  as  is  charged  in  the  inibrma- 
tion.  ,  Before  I  came  to  town,  I  was  sent  for 
about  some  other  business,  yet  I  would  not 
come  till  I  had  my  lady's  consent ;  for  I  sent 
lier  word,  my  lady  Hsftnett  writ  in  her  letter, 
that  she  was  going  beyond  sea,  and  if  I  went 
to  London  I  might  prevent  it,  but  I  would  not 
go  without  my  uidy*s  or  Mr.  Craven's  consent 
atid  approbaUon.  When  I  came  to  town,  I  was 
one  day  at  the  coffee  house  in  Covent- Garden, 
I  was  tnen  sent  to  by  this  lady,  who  was  in  an 
hac^kney-coach  at  the  door,  and  when  I  came  to 
'  the  coach  side  to  her,  she  gave  me  a  tedious 
history  of  her  ill-usage  at  home,  wh\dx  niade 
her  come  away.  Aud  when  your  lordship's  war- 
rants were  out  ib  search  ibr  her,  I  came  up  to ; 
your  lordship,  and  I  dare  appeal  to  your  lord- 
ship, whether  I  did  not  acquaint  you,  that  she 
only  sought  for  protection,  and  was  willing  to 
return  home,  so  she  should  be  satisfied  shq 
•bPiddoQi  be  IB  treated  agauL    You  then  told 


riett,  he  should  communicate  them  to  my  Hdy 
BeHkeley,  and  tliis  letter  coming  to  bun,  hm 
first  shews  it  to  Craven,  this  man  that  was  tinift 
set  as  a  spy  upon  him,  and  after  sent  it  to  onr 
h^y  Lucy,  and  whatsoever  answer  they  wovu 
have  sent,  was  promised  shouhL  be,  and  ao- 
cordingly  was  first  sliewn  to  Craven,  and  then 
sent,  if  this  were  the  agreement,  and  theoft 
letters  were  thuft  written,  then  sure  we  mi^ 
read  them. 

L,  C.  J.  You  may  ask  my  lady  Berkelejr 
any  questions,  but  must  not  read  any  suc^ 
letters. 

Seij.  Jeff.  Pray,  Mr.Williams,  let  us  go  ac- 
cording to  the  course  of  law,  and  give  no. 
evidence,  but  what  is  fit  to  be  given  as  evi- 
dence. 

Mr.  Williams,  Tlien  thus.  Madam,  pray  caa. 
you  remember  the  discourse  that  p^st  D^tweeo. 
my  Iprd  Grey  and  your  ladyship  in  June,  con* 
cerning  your  daughter  and  him  ?. 

J jSidy  Berkeley.  Where? 

Mr.  William.  At  St.  John's. 

Lady  Berkeley.  I  do  not  well  knofr  what  dis* 
course  you  mean ;  but  any  particular  diaoouTM. 
that  was  there  I  will  answer  to. 

Mr.  Williams.  That  discourse  that  past  bon 
tweenyou  the  first  tinae  that  you  aequ«iatodBi|r 


1(9]  STATETiUAI^S4Cki4«Uin.]«ai-->brAiMnid^  Berhbg,  [170 


kid  Grey'thai  700  mpected  ibcte  was  too 
'  iwch  ftmilkuriiy  bMweea  him  and  yow 
ter. 

Lady  Beribe/«y.    .The  first  time  do  yoa  say? 

Mr.  Williams.  Yea,  Madam  ;  I  tbink  yov 
were  pleased  to  say,  that  apoa  your  first  dis- 
covery, yoo  sent  fiir  him  and  talked  with  him. 

Lady  Berkeley.  I  did  sot  say  upon  my  first 
diseovery,  bat  when  I  had  discovered  it.  For 
I  would  be  very  punctual  to  the  truth  in  my 
Cfidence. 

Mr.  Williams,  You  say,  your  ladyship  had 
iome  ^sooune  with  bim  in  june. 

Ijady  Berkeley,  I  think  it  was  in  June. 

Mr.  Williams.  Pray,  Madam,  can  you  re- 
member what  my  lord  Grey  promised  your 
ladyship  then^? 

:  Lady  Berkeley,  He  told  me  then,  he  would 
obey  me  in  any  things,  even  if  I  would  banish 
bim  my  house. 

Mr.  Williams,  Was  there  any  letter  then 
prodooed  by  yonr  ladyship  or  my  lord  Grey  ? 

lojdy  Berkeley,  Of  what  concern  f 

Mr.  WHkams.  Any  letter  that  lelated  to 
your  daiu^ter  ? 

Lady  Berkeley.  No ;  but  I  told  him  of  aletter 
that  was  ibnnd,  that  she  had  writ  to  him. 

Mr.  WaUams.  Madam,  pray  have  yon  that 
letter,  or  any  copy  of  it  ? 

lady  Berkeley,  No,  it  was  torn  to  pieces,  I 
can  brmg*  the  pieces,  I  beUeye,  if  there  were 


Mr.  I^losipMft.  Your  ladyship  read  it,  I  sup- 
pose? 

Lady  Berkeley,  No,  my  daughter  Bell  read 
it,  and  tore  it  in  pieces* 

'  Mr.  Williams,  Was  there  any  discourse  be* 
tween  your  ladyship  and  my  loid  Grey,  about 
aaj other  letter? 

Lady  Berkeley,  Not  at  that  time, 
f  MrJ' Williams,  Was  there  at  any  other  time  ? 

Lady  Berkeley.  Yes,  at  tbe  Charter-house 
4ft  tav  lord's  honse,  one  day  my  lord  Grey  de- 
sired me  to  walk  into  the. gallery,  for  he  bad 
aamedung  to  communicate  to  me,  and  the  dis- 
CDuse  thai  past  between  us  then  wai>  this ;  he 
shewed  me  there  ft  letter  of  the  passionate  lore 
he  had  fm  her,  with  some  good  counsel  in  it 

Mr.  Williams,  Did  your  ladyship  approve  of 
the  counsel  he  gave  her  ? 

Lady  BerkeUy*  'Sffr&r,  when  there  wHs  ^so 
much  love  and  passioD  in  the  letter. 

Mr.  WUUams.  Fray,  Madam,  recollect  your- 
aetf,  were  yon  not  pleased  to  like  of  that  letter  ? 
-  Lady  &rkeley,  I  could  never  like  of  the 
passionate  expressions  in  it;  there  miffht  be 
BJNH'  thing,  in  it  well  #aid  enough,  but  with  the 
greatest  expressions  of  passion  and  lore ;  inso- 
Bsncfa,  that  he  faimsdf  said  of  it,  madams  I'm 
ashamed  of  that  part,  and  would  have  had  me 
overlooked  it. 

Mr.  Williams,  Did  yonr  ladyship  say,  her 
father  eould  not  giro  her  better  advice  ?  • 

Lady  Berkeley,  Not  that  1  know  of 

Mr.  Thompson,  Pray,  Madam,  did  you  ever 
sarib? 

U4j  Betkeley.  Surely  I  did.  not:   For  I 


♦. 


oosldnotbat  thitic  hb  coldd  gi«e  her  a  great 
deal  better  advice.  .        . 

Mr.  Williams.  Does  yoilr  kdjnhip,  pray 
Madam,  remember  any  macourae  between  my 
lord  Grey,  and  you,  upon  the  Thursday  beftra 
your  daughter  went  away  ? 

Lady  Berkeley,   I  cannot  tail  for  Thursday./ 

Mr.  Williams,  Doeb  your  ladyship  remem« 
ber  the  letter  you  received  firom  an  unlmown 
hand  ?— Lady  Berkeley.  Yes,  I  do. 

Mr.  Williams,  Did  you  shew  that  letter,  or 
read  it  to  my  lord  Grev  ? 

Lady  Berkeley.  B!fy  lord  Grey  came  up  to 
me,  and  seemed  to  be  very  careful  of  my  con* 
cems ;  Madam,  said  he.  Pray  take  care,  fsr  I 
saw  ai  letter  directed  to  your  ladyship,  without 
tbe  mark  of  tbe  post,  or  the  penny-post  upon 
it.  And,  said  he,  I  give  you  tliis  caution  about 
it  before  it  comes  to  you.  Because  my  lord 
was  by,  I  arose  up  and  went  to  tbe  other  Ma 
of  the  room,  and  mv  lord  Grey  followed  me, 
and  when  I  took  up  the  letter,  I  saw  something 
that  I  thought  to  be  rery  odd  and  unusual  iif 
his  carriage,  as  if  he  were  in  great  disorder,  as 
I  was ;  and  I  went  to  my  chamber,  thitiber  myi 
lord  Grey  followed  me,  and  that  letter  be 
would  see,  because  he  said,  it  had  put  me 
in  some  disorder :  I  told  him  be  should  not  see 
it  as  then.  I  sentfiir  my  daughter  Lucy  into 
my  closet,  and  diewed  it  her,  and  she  was  in 
great  disorder  about  it  too. 
V  Mr.  Williams,  Pray,  Madam,  can  yon  re- 
member whether  that  letter  did  caution  you  to 
look  well  to  yonr  daughter,  or  else  you  were 
not  like  to  have  ber  company  lonj^  ? 

JLoAy  Berkeley,  The  letter  did  say  some 
such  tning,  I  must  look  after  my  daughter,  or 
I  should  lose  her. 

Mr.  Thompson.  And  this  was  on  the  Friday, 
before  she  left  your  ladyship,  Madam,  was  it 
not?  ' 

Lady  Berkeley,  Yes,  it  was  so,  I  think. 

Mr.  Williams,  Pray,  Madam,  what  did  my 
lord  Grey  say  upon  Uiat  ? 

Lady  Berkeuy.  He  was  extreoMly  earnest 
to  see  the  letter,  because,  he  said,  it  had  so 
disordered  me ;  and  at  laflt  I  was  persuaded  tn 
let  him  see  the  letter :  he  turned  tiie  letter  up- 
side down,  and  looked  on  the  subseriptien. 
Madam,  says  he,  is  this  all  that  dsord^rs  yoo 
so  much,  1  am  used  to  have  many  suoh  letters 
Ijy  the  penny-post;  this  is  nothing^  but  to 
amii^se  yon.  It  ia  a  very  siHy  letter,  and  writ- 
ten by  some  woman,  as  you  may  see  by  the 
spel1ii>g. 

Mr.  Williams,  Did  he  caution  you  to  lock 
up  y  oni  *  daughter  at  nights  to  secure  h^  ? 

£ady  Berkeley,  Not  one  word  upon  this 
letter ;  bvt  the  next  morning  again  lalking 
about  this  letter,  he  said.  It  was  a  foolish  fetter, 
and  what  siHould  I  trouble  myself  about  it  fi)r  ? 

Mr.  TFiilt.  W.  But,  Madam,  had  you  any 
caution  girei  t  you  by  my  lord  Grey  about  this 
time,  to  take  t  ^are  or  your  daughter  P 

Ladyfieribe»Vy.  Not  that  I  remember,  to 
lode  her  up. 

Mr.  Williams,   What  theft  did  he  say  ? 


I 

171]  OTATETWAL8,  34CflARt£s  II.  iSB^.'^lirial  of  Lord  Grey  imiMhm^  Cl7« 


Ii«dy  JBerfte/ey.  I  will  tell  you  what  he  said 
to  me  once  or  twice.  Madam,  whatever  you 
do,  do  not  make  her  desperate.  I  asked  him 
what  he  meant  by  that  word  ?  Said  he,  It  is 
Bot  necessary  to  explain  tliat  word  to  you ;  I 
meant  hothiDg*,  but  do  not  use  her  ill.  Now, 
nnr  lord,  I  was  so  f^x  from  that,  that  I  used  her 
TVtth  all  the  tenderness  of  a  motl)er,  like  a 
aster  rather  than  a  daughter  ;  na}',  he  himself 
has  confessed,  she  was  better  used  tlian  he 
imagfined  she  was. 

Mr.  Williams.  Did  your  ladyship,  at  any 
time,  intimate  to  my  lord  Grey,  that  you  had 
any  apprehensions  of  her  intending  to  go 
away? 

Lady  Berkeley.  I  did  tell  him.  That  when  I 
was  at  London^  my  woman  that  lay  with  her, 
did  rise  about  8  o'clock,  and  left  ray  daughter 
alone  in  the  room,  and  when  she  came  up 
ag^n,  my  daughter  had  put  on  her  hood  and 
fcarf,  and  her  petticoat  was  pinned  up,  as  ready 
to  go  out,  and  the  woman  being  affrighted  at 
this,  called  up  my  other  daughter,  and  so  pre- 
vented it ;  uid  sdW  came  and  told  me  she  had 
.  pinned  up  her  petticoat  thus  about  her,  and  she 
did  not  Know  what  she  meant  to  do.  Upon 
this  I  went  to  my  daughter,  and,  said  I,  What 
is  the  reason  that  you  pinned  up  your  petticoat, 
and  put  on  your  nood  and  scarf  ?  Says  she,  I 
had  not  my  scarf  on.  But  says  my  woman  to 
roe,  when  I  came  into  the  room,  you  thru/st 
something  into  your  gown.  It  is  true,  I  did  so. 
Madam,  said  she,  but  it  was  upon  the  account, 
I  had  got  a  sheet  of  paper,  upon  which  1  in- 
tended to  write,  and  seeing  her  come  in,  I  put 

it  in  mygown- 

Mr.  mlliams.  Pray,  Madam,  did  my  lord 
Grey  at  any  time  caution  your  ladyship  about 
your  daughter,  to  lock  her  up,  or  tell  you  his 
opmion  that  he  thoufht  she  would  leave  you? 

Lady  Berketei/.  I  cannot  positively  say 
that ;  nut  he  used  to  say  to  me,  Madam,  do  not 
make  her  desperate  ;  I  do  not  know  that  ever 
he  advised  me,  as  to  the  locking  her  up. 

Mr.  Tkfiii^ton.  Did  h^  desire  you.  Madam, 
to  take  care  that  she  did  not  go.  away  irom 
you  ? — Lady  Berkeley.  I  do  not  remember  it. 
.  Mr.  Williams.  Pray,  Madam,  can  you  tell 
who  brought  that  letter  from  an  unknown  hand 
to  you  at  Dardants  ? 

Lady  BerkeUv.  It  came  down  with  other 
letters  to  my  lord's  steward. 

Serj.Je^.  But  yourladvship  says  my  lord 
Grey  was  very  solicitous  aoout  that  letter^ 

Lady  Berkeley,  Yes,  Sir,  he  came  to  me,  and 
veiy  earnestly  cautioned  me  about  it :  for,  said 
he,  I  see  there  is  neither  the^  general-yost  nor 
the  penny-post  marie  upon  it.  And  jtnowing 
himself  guilty  of  what  ne  was  guilly  of,  he 
miffht  be  afraid  lest  my  lord  should  nee  it,  and 
80  ms  business  come  out. 

Mr.  Williams.  Pray,  my  lady  LiTiCy,  do  you 
vemember  that  ever  my  lord  Grey  ailVised  the 
locking  her  up  P 

Lady  Lucy.,  ][Jpon  discoursiyig  of  the  letter 
that  came  mm  an  unknown  hand,  my  mother 
Mid  la  asy  lw4  Grey y  sura  tfaaj^  is  snak  a  horrid 


thins*  that  it  can  never  be  dune ;  my  lord  Gcey 
might  then  reply  and  say,  if  you  fear  it,  you 
may  lock  her  up :  but  I  do  deny  that  ever  %. 
heard  him  say  any  thing  to  caution  my  mo- 
tho*,  that  he  thought  she  was  agoing. 

Mr.  Williams.  Madam,  the  question  I  ask  *- 
your  ladyship  is,  whether  my  lord  Grey  did  or  > 
no  direct  or  advise  to  lock  her  un  P 

Lady  Lucv.  Upon  my  motner's  discourse 
concerning  the  unknown  letter,  and  how  nd  a 
thing  that  would  be,  he  might  say,  that  if  site 
fewred  that,  she. might  lock  her  up;  but  he 
never  did  say  that  he  did  think  she  would  ffo. 

]^r.  Thompson.  Pray  when  was  this,  Macuun, 
how  long"  before  she  left  the  family  ? 
LadyXiJcy.  The  day  before. 
Mr.  Williams.    Then,  Madam,  for  thedis^ 
course  you  had  with  him  at  Guildford,  what 
said  he,  he  would  do? 

Lady  Lucy.   It  was  at  London,    that,  be . 
passed  his  word  to  so  down  into  the  coantry% 

Mr.  Williams.  What  did  he  promise  you  to 
do  there.  Madam  ? 

Lady  Lucy.  He  said  he  would  not  stir  from 
Up  -Park  till  he  heard  from  my  fother.  : 

Mr.  Williams.  What  did  my  lord  say  to  you, 
Madam,  about  the  letters  he  should  receive  ? 

Lady  Lucy.  He  did  say  he  would  send  U9 
all  the  letters  that  came  to  him  from  her,  and 
if  any  came  to  our  hands  we  were  to  open 
them. 

Mr.  Williams.  Was  my  lord  Grey  willing 
to  receives  spy.  Madam,  upon  him? 
Lady  Lacy.  Yes,  he  was. 
Mr.  Williams.  Was  there  any  letter  sent  to 
your  ladyship  from  my  lord  Grey  ? 

Lady  Lucy.  Yes,  there  was  a  letter  with  one 
in  it  from  my  lady  Harriett. 

Mr.  WUUams.  Have  you  those  letters  bjr 
you.  Madam  ? 

Lady  Lucy.  No,  I  have  neither  of  them 
here. 
Mr.  Williams.  Can  you  tell  the  contents  of  it  ? 
Lady  Lucy.  I  have  told  them  already. 
Mr.  WilliasHS*  Pray,  Madam,  will  you  please 
to  recollect  yourself  a  little,  when  you  were  at 
Guilford,  and  told  my  lord  Grey  that  my  lady- 
Harriett  was  eone  away,  did  not  my  lord  teU 
you,  you  had  not  observed  the  directions  and 
advice  he  gave  about  her,  to  lock  her  up ;  and 
did  not  you  then  answer  him,  yes,  the  door  was 
lodged,  but  the  key  was  left  in  ? 

Lady  Lucy.  I  (fid  reply,  the  woman  had  not 
locked  it  carefully  enough  after  her. 

Mr.  Williams.  Did  you  not  say,  thai  the  door 
was  lodged,  but  the  key  was  left  in  ? 

Lady  iMcy.  I  do  not  remember  a  word  of 
that. 

Mr.  Williams.  Madam,  will  you  please  to 
cast  your  eye  upon  that  letter,  and  see  if  that 
paper  be  a  true  copy  of  the  letter  you  had  ? 

L.  C.  J.  What  paper  is  that  you  offer,  Mr. 
Williams  ? 

Mr.  Williams.  It  is  a  letter  from  the  young 
lady  to  my  lord  Grey. 

L.  C.  J,  You  know  no  use  can  be  made  of 
that  paper»  why  do  you  offar  h  ?  It  iaconluid- 

9 


»73] 


,  34Ch AKLBS II.  1  Gs^.^fcr  iehauching  Ladytt,  Berkeley.  [ 1 7i 


'  ei  that  mv  kml  bad  the  lady  in  his  power,  and 
tfcni  would  not  slie  write  any  thing  ? 

Mr.  WUiiams.  Then,  my  lord,  there  is  the 
ymiDs  tedy  herself,  we  desire  she  may  be  exa- 

UOcll. 

Seij.  Jcfferies,  But  before  we  part  with  my 
bdy  Lucy,  if  you  have  done,  we  desire  to  ask 
her  a  question  ;  It  is  here  insinuated,  as  if 
Aerefaad  been  some  hardship  put  upon  this 
vtmng*  lady,  or  some  ill  usage  m  her  father's 
bnnly :  Now  for  the  honour  of  that  noble  funily : 
I  voold  have  that  point  cleared ;  and  therefore 
Cray  Madam,  did  you  ever  observe  any  un- 
mdnesa,  any  seventy  or  harsh  usage,  that 
va$  used  to  tbis  lady,  Cy  my  lord  or  my  lady  at 
uy  tnoe? 

iLady  Lucy.  So  far  from  that,  that  all  of  us 
Jnd  a^ealousy  that  she  was  loved  best. 

Seij.  Jefferkt.  Pray  take  notice  of  that,  gen- 


X.  C.  J.  Phiy,  Madam,  let  roe  ask  you  one 
foestioB.  AfWr  my  lady  had  discovered  this 
evil  affection  between  my  lord  Grey  and  this 
yoong  lady,  did  she  then  pnt  any  indecent  se- 
venties iiMRi  her,  or  use  her  very  hardly  ? 

Lady  iMcy.  My  lord,  I  came  out  of  France 
but  two  days  before  she  went  away.  I  saw  no 
such  thing. 

Mr.  WiUiams,  We  ask  her  about  my  lord 
Grey,  and  you  ask  her  about  a  third  person. 

Serf.  Jtfferies,  Oh  good  Mr.  Williams,  we 
know  why  we  ask  her  that  question.  It  is  an 
ezlvaordinary  case.  Pray  my  lady  Arabella, 
will  you  answer  the  same  question  P 

Z.  C.  J.  Ay,  Madam,  pray  let  me  ask  you ; 
after  this  ill  business  between  my  lord  and  her 
was  disoovervd,  did  my  lady  Berkeley,  (I  cannot 
say  ray  lord,  for  be  knew  nothing  oi"  the  matter 
tid  she  was  gone  away)  use  her  ill  or  un- 
kindly? 

iMy  Arabella,  No,  no,  my  lord ;  no  mother 
in  the  world  could  be  more  indulgent  and  kind. 
fihe  did  indeed  find  it  necessary  to  have  a 
stricter  eye  over  her,  and  she  did  put  a  woman 
about  her  to  look  afler  her,  and  did  not  permit 
her  to  write  any  letters.  She  had,  or  expressed 
a  greater  kindness  for  her.  than  any  of  us  aU 


Lady  Berkeley,  Ay,  and  that  my  lord  Grey 
knows  to  be  true. 

X.  C  J.  No,  no,  when  my  lord  Grey  was 
in  bis  passioo,  he  might  say  so,  but  he  Las  no 
proof  to  shew  of  it. 

Sen.  Jejferies,  My  lady  Lucy  and  my  hidy 
Arabola,  what  person  did  you  fear  should  take 
her  away,  pray  ? 

Lady  Arabella,  We  were  not  afraid  of  any 
My  but  my  lord  Grey. 

LNJy  Lu€y,  There  was  no  reason  for  fear  of 
sny  body  but  hiin. 

m.  Williams.  Vty  lord,  there  is  the' young 
hdy,  we  desire  she  may  be  sworn. 

Ait,  Gen.  We  oppose  it.  Sir,  and  have  very 
^fosd  leason  so  to  ooV  and  we  think  it  is  time  to 
ioitnoWfiferer. 
L  C.  /  Wby  should  she  imI  be  sworn,  Mr. 

Attoniey  f 


Just.  Dolken,  If  the  lady  herself  have  the 
confidence  to«be  sworn,  I  see  no  reason  why 
she  should  not. 

Att,  Gen,  This  case,  my  lord,  is  in  the 
nature  of  a  ravishment  of  ward,  for  it  is  for 
taking  a  younff  lady  out  of  the  tuition  and  cus* 
tody  of  her  fatner,  who  is  her  guardian  by  na- 
ture, and  it  is  apparent  in  the  proofs,  she  is 
highly  criminal  in  this  very  matter  herself,  in 
consenting  to  so  away  in  such  a  manner,  and 
to  such  an  evilpurpose ;  and  now  she  comes 
to  excuse  one,  that  is  nqt  only  a  partaker  in  her 
lault,  but  the  first  seducer.  Now,  my  km!*, 
when  we  have  proved  this  matter  of  love  upon 
her,  that  is  laid  in  the  information,  sure  she 
cannot  be  a  witness  for  them,  she  would  be  a 
witness  to  excuse  herself. 

jL.  C.  J,  Mr.  Attorney,  I  do  think  truly,  t^at 
notwithstanding  what  you  say,  she  may  be  a 
witness,  being  no  party  to  the  information. 
But  withfd,  I  thipk  there  is  very  little  credit  to 
be  given  to  what  she  says. 

Mr.  Williams.  Sure  these  gmtlemen  forget 
themselves  much  in  offering  to  liinder  or  opposs 
one*s  being  a  witness,  that  is  no  party  in  the 
cause. 

Mr.  Serj.  Jefferies.  TVuly,  my  lord,  we  would 
prevent  penury  if  we  could.  [Then  die  was 
sworn."] 

X.  C  J.  Brother  Jefiertes,  we  cannot  oppose 
it,  if  they  will  press  it,  and  she  consent ;  but  I 
tell  you  wliat  I  think  of  it. 

Air.  WiUiams.  If  she  be  sworn,  my  lord,  we 
would  ask  her  a  question  or  two.  Madam,  wc 
would  desire  your  ladyship  to  answer  whether 
my  lord  Grey  had  any  hand  in  your  escape  ? 

Lady  Henrietta.    No,  Sir. 

Just.  Dolben,  You  are  upon  your  oath, 
Madam ;  have  a  care  what  you  say  ;  consider 
with  yourself. 

Lady  Henrietta.  Yes,  I  know  I  am  npoa 
my  oath,  and  I  do  upon  my  oath  say  it 

Mr.  Williams,  Did  my  lord  Grey  advise  you 
io\i? 

Lady  Henrietta,  No,  I  had  no  advice  frpm 
him,  nor  any  Tiody  about  him,  nor  did  he  kno\f 
any  thing  ot  it,  it  was  all  my  own  design. 

Serj.  Jefferies,  Madam,  1  would  ask  you  this 
question,  and  pray  consider  well  before  you 
answer  it.  Did  you  see  my  lord  Grey  on  the 
Sunday  after  you  went  away  from  your 
father's? — Lady  Henrietta.    No,  I  did  not. 

Serj.  Jefferies.  Did  you  see  him  on  Monday  T 

Lady  Henrietta.   No, 

Serj.  Jefferies.   Did  you  on  Tuesday? 

Lady  Henrietta.   No. 
~  Sen.  Jefferies,  Didyou  on  Wednesday  ? 

,Lady  Henrietta,   No. 

Sen.  Jefferies.  Good  God !  Pray»  Madam, 
how  long  aflerwards  was  it  that  you  saw  him? 

Lady  Henrietta,  Sir,  it  was  a  great  whU 
afler.  '    . 

'   Mr.  Williams.  How  many  days  or  weeks 
after  was  it  ? 

Lady  Henrietta.  Sir,  I  cannot  teU. 
^  Serj.  Jefferies,  As  near  as  yoa  OHi|  ;tf^«y^ 
when  was  it? 


175}  STATE  TmAL%  S^CharlesH.  \6%2^TrUl  of  Lord  Grey  mid  oihtrs,  [17S 


Lady  Henrietta.  I  cau  remember  the  first 
.place  toat  I  saw  him  at  ailer,  bat  the  time  ex- 
actly 1  cannot.  * 
JVlr.  WUlUmu,  Where  was  that,  Madam  ? 
Lady  Henrietta.    It  was   in  a  hackney- 
coach. 

Mv,  Williami.  That  wasJhe^me,  I  suppose, 
that  you  seut  fbr  him  oat  of  the  cofiee-house 
in  CoYent-Garden  ? 

Lady  Henrietta.    Yes,  I  did  so. 
Mr.  Williams,   Pray,  Madaiu,  did  you  write 
any  letter  to  my  lord  Grey  after  your  going 
away  ? 

Lady  Henrietta,  Yes,  I  did  by  tjie  next  post. 
Mr.  Williams.    When  did    you  write  that 
letter,  Madam  ? 

Lady  Henrietta.  L  did  write  it  upon  the 
Tuesday  after  I  came  away.  I  hope  that  is  no 
ofTence. 

X.  G*  J'  No?  Is  it  not?  You  should  have 
writ  to  somebody  else  sure. 

Lady  Henrietta.  I  thought  him  the  fittest 
person  for  me  to  write  to,  and  I  did  not  imagine 
It  would  be  any  ways  scandalous  for  hinl,  he 
h&ng  the  nearest  relation  I  had  in  the  world, 
except  my  own  brother,  that  could  protect  me. 
Mr.  Williams.  Had  you  any  answer  from 
my  lord  Grey  to  that  matter,  Madam  ? 

Lady  Henrietta.  Yes ;  and  a  very  harsh 
letter  it  was. 

Mr.  Williams.  Did  you  write  him  any  other , 
fetter? 

Lady  Henrietta.  Yes ; .  but  I  received  no 
answer  of  it  at  all. 

Mr.  Thompson.  Prey,  Madam,  did  my  lord 
Grey,  at  any  time,  persuade  you  to  return  to 
iyour  father's  ? 

Lady  Henrietta,  Yes,  he  did  so  several 
limes. 

Seij.  Jefferies.  Pray,  Madam,  do  you  know 
Chamock,  that  was  my  lord  Grey's  gentleman  ? 
Lady  Henrietta.   Yes,  I  do. 
Serj.  Jefferies,  Upon  your  oath,  did  not  he 
carry  you  away  firom  Durdants  ? 
liidy  Henrietta,   No. 

S^.  Jefferies,  Nor  did  not  his  wife  assist 
you  initf--Lady  Henrietta,  No. 

Son.  Jefferies.  Nor  was  she  not  with  you  on 
the  ounday  morning  ? 
Lady  Iienrietta,    No,  nor  was  not  with  me. 
Att.  Oen.   Were  you  not  at  Mrs.  Hilton's 
then,  Madam  ? — Lady  Henrietta.    No. 
Att,  Gen.  Were  you  at  Patten^  ? 
Lady  Henrietta,  Wo. 
Sol.  Gen.  Nor  at  Jones's  t 
Lady  Henrietta.  No,  nor  at  Jones's  upon 
ny  oath. 

Att:  Gen.  Prey,  who  did  come  with  you 
fipom  Durdants? 

Lady  Henrietta.  I  shall  not  give  any  ac- 
count of  that,  for  I  will  not  betrey  any  body 
for  their  kindness  to  me. 

Mr.  Wallop.  If  it  be  no  body  in  the  infiirma- 
Hon,  she  is  not  botmd  to  tell  who  it  was. 

Lady  Henrietta.  If  I  hare  vowed  to  tbem 
before,  not  to  discover.  I  wiUaot  break  my  fow 
Wlhcin.  ^  - 


Just.  Dolben,  If  they  ask  yon  of  any  bod  jr 
in  the  information,  you  nave  heard  their  names, 
you  must  tell  if  it  were  any  of  them,  but  yoir 
are  not  bound  to  tell  if  it  were  any  one  else. 

Lady  Henrietta.  No,  it  was  none  of  them* 
I  went  away  upon  another  account. 

X.  C,  J,  If  you  have  no  further  questions  to 
ask  her,  proy.  Madam,  sit  down  again. 

Lady  ^€nrie^^a.  Will  you  not  give  me  lesTO 
to  tell  the  reason  why  I  left  my  father's  house  ? 
Just.  Dolben.   If  they  wiU  ask  you  it  tbey 
may.    You  are  their  witness. 

Mr.  Williams.  No,  Qiy  lord,  wedo  not  thiols 
fit  to  ask  her  auy  such  question ;  she  acquits 
us,  and  that  is  enough. 

Lady  Henrietta.  But  I  desire  to  tell  it  my^ 
self. 

L.  C.  J.  Truly,  I  see  no  reason  to  permit  it» 
except  we  saw  you  were  a  mgre  indifferent  per- 
son to  give  evidence  than  we  find  you. 

hsidy  Henrietta,  Willyou  not  give  me  leave 
to  speak  for  myself? 

Just.  Dolben,  My  lord ;  let  her  speak  what 
she  has  a  mind  to,  the  jury  are  gentlemen  of 
discretion-  enough,  to  regard  it  no  more  tbaa 
they  ought.  But,  madam,  for  God's  sake 
consider  you  are  upon  your  oath ;  and  do  not 
add  wilful  perjury  to  your  other  faults.  '  ^ 
Lady  Henrietta.  I  have  been  very  much 
reflected  upon  hei-e  to-day,  and  my  reputation 
suffers  much  by  tlie  censure  of  the  world,  and 
therefore— 

JL.  C.  J,  You  have  injured  your  own  repu- 
tation, and  prostituted  bc^  your  body  and  your 
honour,  and  are  not  to  be  believed* 

Justice  Jones.  You  are,  madam,  to  answer 
only  such  questions  as  are  asked  you  pertineat 
to  tbe  issue  that  the  jury  are  to  try,  and  if  the 
counsel  will  ask  you  no  questions,  you  are  not 
to  tell  any  story  of  yourself. 

Mr.  Ireton.  My  lord,  as  to  tbe  evidence  of 
Patien,  the  case  is  quite  otherwise  than  they 
would  represent  it  to  be,  about  Chamoek's 
coming  thither  for  lodgings,  for  Mrs.  Pattes 
is  a  midwife,  and  used  to  lay  Mrs.  Chaniodc, 
and  it  was  for  her  to  lye-in  at  Patten's  honae, 
because  it  would  be  inconvenient  to  lye-in  at 
my  lord  Grr^'s. 

L,  C.  J.  What  does  that  signify  ?  bat  prove 
what  you  can. 

Mr.  Thompson.   Where  is  Mrs.  Patten,  they 

wouki  not  produce  her,  because  they  knew  it 

was  against  them  ?  [She  appearing  was  sworn.] 

X.  C.  J.   Well,  what  do  you  ask  of  this 

woman  now  ? 

Mr.  Ireton,  I  would  ask  her,  my  lord,  whe- 
ther were  there  any  lodgings  bespoke  in  youp^" 
hoQse  against  September  ? 
Mrs.  Fatten.  I  know  nothing  of  that 
Mr.  Ireton.  Was  there  any  hody  in  Jane  sr 
July  at  your  house  to  bespoik  hnlgioffB  ? 

Mrs.  Fatten.  I  cannot  tdl  the  mon&  nor  te 
day. 

Mr.  Thcmpion.  prvy,  mistresf,  speak  what 
you  do  know. 

>  Mrs.  Patten.  Mr.  Chsmoek  and  bis  wife 
did  come  to  my  boose  bat  sommer. 

I 


irrj STATE TRIAIA d4CHAtLStIL  i6$i.'^fcrdAauekimgLadjftlBiriekif.[l79 

that  fiteth  any  diing  of  the  matter  apon  my 
lord  or  my  lady. 

Mr.  Wallop,  We  do  hope  in  your  lordahip'a 
ob8er?ation8  upon  the  evidence  to  the  jury, 
you  will  please  to  take  notice,  that  there  ii  no 
colour  of  evidence  of  any  actual  force  unon  the 
lady  which  is  laid  in  the  information,  tnat  my 
lord  did  vi  et  armit  abducere.  Sec. 

L,  C.  Ji  Oh,  Mr.  Wallop,  fear  not,  I  shall 
observe  riffht  to  the  jury ;  but  you  have  read 
the  book  tnat  is  written  concerning  juries  late* 
ly,  I  perceive.  • 

Ser|.  Jeffl  He  has  studied  such  books  no 
doubt,  and  has  learned  very  good  counsel  from 
Whitacre. 

L.  C.  X  Lode  you,  gentlemen  of  the  jury^ 
here  is  an  infbrmatiun  on  the  behalf  of  the 
king,  against  toy  lord  Grey,  and  the  other  de« 
fendaiits ;  and  it  doth  set  forth,  that  my  lord 
Grey  having  married  one  of  the  daughters  of 
the  eail  of  Berkeley,  and  having  opportunitT 
thereby  of  coming  to  the  earl  of  Berkeley's 
house,  he  did  unlawfully  solicit  the  lady  Hen« 
xietta,  another  daughter  of  the  earl  of  Berke* 
ley's,  a  youn^  lady,  to  unlawful  love ;  and  that 
he  did  entice  her  irom  her  lather's  house ;  and 
that  he  did  cauee  her  to  be  conveyed  away 
from  thence  a|rainst  her  father's  consent ;  and 
that  he  did  unlawfully  use  her  company  atler- 
wards  in  a  very  ill  manner,  an  unjustifiable 
manner ;  and  tms,  gentlemen,  is  the  substance 
of  the  information ;  in  truth,  it  is  laid,  that  he 
did  live  in  fbrnication  with  her.  Now,  gentle- 
men, to  this,  my  lord  Grey,  and  the  other 
persons,  the  Cnamocks  aind  the  Jones'# 
have  all  pleaded  not  guilty  to  it.  Now  then» 
the  (Question  before  you  is,  whether  there 
were  any  such  unlawftil  solicitation  of  this 
lady's  love;  and  whether  there  was  anv 
inveiglement  of  her  to  withdraw  herself 
and  run  away  from  her  father's  house 
without  his  consent ;  and  whether  my 
lord  Grey  did  at  any  time  frequent  her  company 
aflerwards.  Gentlemen,  the  evidence  that  has* 
been  given,  you  have  heard  what  it  is,  and  it  i^ 
very  plain,  if  you  do  believe  these  witnesses^ 
that  speak  it  from  my  lord's  own  mouthy  that 
he  hiUh  a  Ipng  time  unlawfully  solicited  ner  to 
lust  For  there  is  notliins;  else  in  it,  gentle* 
men,  (that  is  the  plain  Enmish  of  it  all)  he  hns* 
enticea  her  to  unlawful  lust.  My  lady  slie 
gives  evidesoe  of  it  from  his  own  mouth,  that 
mere  was  an  intrigue  of  unlawful  love  between 
them:  She  says  my  lord  Grey  condemned 
himself  for  it  several  times,  but  yet  prosecuted/ 
it ;  he  ovmed  it  was  a  most  disinjpennous  and 
dishonourable  thing  in  him,  which  indeed  it 
he  did  therein  in  tnith  Biake  a  right 


Mr.WiUutms.  What  was  their  bnsiBeflB  ? 

Mrs.  Pollen.  ForhKlffings. 

Mr.  JSkommon,  Did  mey  tell>yoa  who  they 
vene  for  ?    Did  they  talk  about  lying-in  ? 

Mrs.  Patien,    They  were  only  for  his  wife. 

Mr.  JErelon.  Did  lie  teU  you  what  time  he 
duHild  come  ? 

Mis.  Patten,  He  ^  tcil  me  they  were  not 
fit  to  come  iDto  yet,  but  they  might  at  such  a 
&De,  but  the  did  not  know  her  own  reckoning: 
Bat  Ihe^  were  not  takoi. 

lb-.  Lrctom*  Are  not  you  a  midwife? 

Mrs.  Patien.  1  was  Mis.  Chamock's. 

L,C.J.  What  is  that  to  this  purpose.* 

Seg.  Jeffl    Now  yoa  are  sweetly  brought  to 

SCO* 

Mr.  Iretifn.  Pray,  wooian,  vnll  yoa  tell  what 
Ifarv  said  to  y  oo  ? 

Ars.  Patten,  Mr.  Chamock  and  Iiis  wife 
eaaie  to  our  bouse  for  lodgingnk  1  adsed  her 
wfae  they  were  for ;  she  saidthey  were  for  a 
Ijeotlefiroiiian.  I  asked  her  •  who  she  wasi 
Says  slie,  iur  myself  to  lye-inhere.  Said  I, 
how  oomes  that  about  ?  Says  she,  about  the 
tine  diat  I  reckon  my  lord's  family  will  bcr  in 
town,  end  I  find  it  not  convenient  to  lye-in  at 
our  own  house ;  then  my  father  and  mother 
Wie  sent  Ibr  me  into  the  country',  to  lye^in 
tbei^  but  I  cannot  think  of  going  tiiither, 
hecarae  of  changing  my  midwife.  Then,  said 
I,  truly.  Mis.  Chamock,  any  thine  in  my 
Invae  w  at  your  service.  Said  she,  I  think  it 
eonvenioit  rather  to  be  here  than  to  go  ii)to  the 
eoQDtry  ;  but  I  do  not  desire  that  my  lord's 
lunily  should  know  that  I  intend  to  Ive-m  here, 
for  I  weuld  notinccmvenience  mv  lady's  house, 
«Dd  yet  my  lady,  it  may  be,  will  not  permit  me 
Id  go  out. 

£.  C.  J.  But,  mistress,  there  came  one  to 
your  house  from  Mrs.   Hilton's,    who  was 

Mrs.  Patten,  I  do  not  know ;  I  was  not  at 
hsme  then. 

L.  C.  J,  Did  you  not  come  home  before 
Ib^  went  away  ? 

Mrs.  Patten,  No,  Sir. 

Srij.  Jeff,  Was  that  woman  they  brought  to 
)ye-in  in  your  house,  mistress  ? 

Mrs.  Patten.  Who  (!o  you  mean,  Sir  ? 

Sen.  J^,  The  other  gentlew<mian  that  came 
with  Mrs.  Chamock  and  Mrs.  Hilton*  The 
fadv  that  spoke  just  now. 

Mrs.  Patten,  I  do  not  know ;  I  never  saw 
her  &oe  in  my  life,  that  I  know  of;  what  m^ 
hosbaml  saw  I  cannot  tell,  I  saw  her  not ;  it 
laay  be  die,  it  may  be  not,  for  any  thing  I 
know. 

L.  C.  /.  Well,  gentlemen,  have  you  done, 
viQ  you  call  any  more  witnesses  ? 

B^.  WiUiamt,  We  have  done,  unless  t)||ey 
aH  any  more. 

8e^.  J^,  We  bhall  only  cidl  a  noble  lord, 
Ay  kvd  of  Ayled>ury,  to  testify  what  he 
koowi,  being'  very  much  conversant  in  the 
JanOyy  of  the  treatment  he  ha^  observed  of  this 

L  C,  J.  That  needs  not,  for  thei  e  is  nobody 

TOt,iJiC. 


was 


estimate  of  the  thing.  He  did  own  he  bad. 
betrayed  the  fhmily,  and  brought  it  into  great 
scandal,  and  had  abused  both  father  and  mother 
by  this  ninlavrful  sdUdtation  of  their  daughter 
to  this  unworthy  wicked  affectioi^;  but  he  ex- 
cused it  all  with  the  greatness  of  his  passion, 
and  that  was  all ;  he  prayed  her  to  consider,  it 
was  a  great  and  passionate  love,  a  love  that 
he  coold  not  rssist;   he  loved  her  above  all 


179]  STATE  TRIALS,  34 CHARLES  11.  l6S2.—7K«i  4)/ ^'^*^''<y^«*^'*«'«'  U^^ 


tvomen   living,   and  many  fair  promues  of 
nraendment  and  desisting  be  made,  but  you  see 
how  he  has  performed  them.    Yon  hear  my 
lady  Arabella  tells  yoa  there  was  a  letter  writ- 
ten* by  my  lady  Harriett,  this  lady  that  appears 
]K)w  m  court  as  a  witness  for  my  lord  Grer, 
which  she  had  oat  of  her  own  band,  and  she  teils 
you  the  effect  of  it ;   it  was  to  invite  my  lord 
toother  nii^t,  as  be  had  been  with  her  a  rormer 
Might ;  and  to  shew  the  greatness  of  Jier  long- 
ing for  him,  she  desires  it  might  be  4|aick1v, 
not  ft>  stay  till  Monday,  for  if  he  did,  she  should 
be  mipfhty  impatient,  if  he  delayed  so  long ; 
and  wftbal  idie  told  him,  her  sister  Beit,  which 
J  take  to  be  my  lady  Arabella,  had  set  dis- 
cerered  h,  nor  neard  the  noise  fliat  was  be- 
tween them  that  night  they  w«re  totfetiier. 
My  lady  Lucy,  idie  tells  yon,  he  owned  there 
was  an  unlawAal  love  between  hfad  and  her 
lister,  it  must  tiecds  then  be  true,  if  he  DWti«d 
t  to  her,  and  he  said  that  it  put  him  nneii 
mighty  inconTeniencses,  and  he  owned  he  fiad 
done  so  raoch  wrong  to  the  Ihuuly,  that  he 
could  never  repair  it.    You  hear  mf  My  tells 
Von  she  forbid  him  the  ikmily ;  and  you  hear 
likewise,  what  Ir^  desi^s  ne  had,  and  what 
he  pretended  th^  he  might  eonthitle  to  oetne 
to  the  family,  if  you  believe  mv  lady.    For  he 
pretended  that  this  would  bo  tne  wair  to  make 
It  public,  if  he  were  ihrbid  the  house  altogetber ; 
bnt  be  woold  be  under  her  dlreetimi,  he  would 
do  nothing  but  what  she  shotdd  approve  of; 
that  he  would  not  apply  himself  to  her  daughter 
to  speak  to  Iier,  nor  write  to  her.    And  you 
hear  that  fbr  all  this,  he  did,  before  my  lady 
Arul)ella,  vent  a  great  deal  of  passion  for  her, 
that  she  was  the  only  person  in  the  world  he  had 
any  love  for ;  that  my  laily  Arabella  tells  you  i^ 
heard  him  say,  m  heii  he  had  seen  her  fall  down 
like  a  dead  woman.    When  he  had  made  my 
lady  a  proimif^e  that  he  would  not  oame  without 
U*»'e^  he  sends  his  own  wife  thither  first  to  heir 
that  he  might  come  down,'  and  very  earnest 
and  importunate  she  was  with  her  mother^  not 
knowing  any  thing  of  the  intrigue,  bat  was 
tnado  instmnicutal  to  get  leave  te  ctimedown. 
And  Ht  Irniyth  Irjtve  was  given  hiui  to  dine 
theiT,  as   he  ^>'t;nt  to  Sussex ;  hut  he  comes  at 
9  o'riock  at  night,  and  then  excnses  were  made 
by  him  for  it  5  any  my  k>rd  Berkeley  desiring 
him  to  stay,  who  was  not  acquainted  wi^the 
unlawful  affection  that  was  betweeil  his  daugh- 
ter and  him,  and  aocordiu<<]y  he  did  stay  till 
Haturday.     You  hear,  gentlemen,  what  is  said 
to  you  now,  as  to  her  carrying  away,  fbr  all 
that  has  been  hitherto  o!»served  to  you,  has 
been  only  to  the  UAlavvfiil  solicitation  of  this 
lady  to  unlawful  love.     My  lady  tells  you,  that 
that  very  night  that  my  lord  Gi-^y  went  from 
her  house   was  her  daughter  carrifid  away. 
\  6n  see  then,  the  question  will  be,  whether  iny 
lord  had  any  hand  in  carry  ingf  her  away,  and 
for  that  you  nmst  weiw-h  thcjjc  circumstances. 
It    is    pretty  manifriit   that  this   coachman, 
that  is,  Oharnock,  did  earry  h^r  away.     Now 
the  chaplain,  tells  you,  that  my  lord  wni  carnpst 
ill  several  dhicoiirses  that  (by  with  Charuock, 


and  uader  some  great  trouble,  he  could  diaoena 
that  in  his  oountenanoe ;  and  several  tiaMs  he 
was  sent  for  to  him,  as  thoogh  there  was  some 
mighty  earnest  business  imposed  upon  Char- 
nock  to  do.  Clraraock  made  as  though  he 
went  away,  it  seems  with  his  lord,  who  went 
away  about  4  o'clock ;  and  the  lady  was  carried 
away  m  the  moniing  between  14  ami  1)  which 
is  the  time  spoken  of.  Now  to  prove  that 
Cbamock  carried  her  away,  yoa  iiave  these 
circumstances :  She  was  brouelit  to  the  heoae 
of  Hilton,  there  waa  a  lady  brought  in  diere 
that  morning*  about  9  o^elock  by  Chamock  ; 
Cbamock  was  the  afternoon  before  going  to 
Up-Psn^  with  hia  kyrd,  but  it  is  manifest  4iat  he 
was  back  that  morning  at  London,  and  ao 
brought  the  lady  thither  that  nomiag.  If  you 
believe  Hilton,  the  witness,  it  is  manifest  she 
had  been  a  journey,  and  was  very  weary,  so 
that  ahi^was  fidn  to  go  to  bed  at  9  o'clock. 
This  tady  that  waa  there  brought  by  Chamock 
and  his  wife,  was  afierwaids  carried  to  Pattea'^s 
home,  MfB.  Hiltot^awean  it ;  and  Mr.  Fatten 
aweara  they  did  eome  in  there.  There  was  a 
great  deal  of  holler  uaed  m  the  case,  and  car^ 
taken ;  and  Mra.  nllfeoii  tells  you  why ;  thej 
taw  same  men  about  the  door,  which  the^ 
were  afraid  night  be  men  that  came  to  look 
after  the  lady,  and  ao  they  slid  away  througta 
the  badc-door,  which  proves  somethm^  in  that 
she  was  t5  be  ^Mneeated.  Then  consider  the 
cireumstances  of  the  clothes  that  do  so  exact!  j 
agree.  There  was  a  gown  with  red  and  greeil 
flowers  stripied,  and  there  was  petticoat  striped 
with  red,  and  a  white  onilted  petticoat  under 
that  the  hdy  had  on  that  came  to  Patten 'a; 
and  the  lady's  woman  who  lay  with  her  and 
looked  afVer  her,  describes  to  you  her  gowo 
and  petticoat  to  be  the  same  as  those  were  thai 
the  lady  had  on,  who  was  hurried  away  from 
Patten's  house  at  night  to  another  lodginrj^ 
Yfe  cannot  indeed  discover  where  that  was» 
Now  then,  afler  this,  my  lord  Grey,  he  und^* 
takes  to  my  lady  Berkeley,  that  *be  would  g9 
to  Up-Park,  and  stay  there  till  he  had  leavo 
to  come  to  town.  Patten  who  saw  the  lady| 
swears  this  js  the  very  lady  tibat  sits  here,  and 
who  has  been  examined,  but  denies  it  If  she 
was  the  lady  that  was  brought  to  Patten's,  she 
was  the  same  tliat  was  brought  to  Hilton's^ 
whither  Chamock  brought  her  ;  and  so  there 
is  a  full  evidence  of  the  guilt  of  Chamock  and 
his  wife,  who  was  the  solicitor  about  the  busi- 
ness, took  lodgings  for  ^er,  helped  her  away 
from  Hilton's,  and  helped  her  to  Patten's,  and 
from  Patten's  some  where  else.  So  that  if  yoa 
believe  tbero,  Chamock  and  bis  wife  are  bo^ 
ffuilty .  As  to  my  lord  Grijy,  who  w^ent  to  Up- 
Park  on  the  Wednesday,  soon  afler  he  came  tb 
town  again,  and  it  is  positively  sworn  that  he 
came  to  Jones's  upon  the  Tuesday,  and  sesft 
fbr  Jones  ont  to  come  to  him,  who  was  in  a 
hncknoy-coadi,  where  he  discoursed  with  him  a 
pretf^  while,  and  afterwards  the  room  is  pro- 
vided for  the  lady  up  two  pah*  of  stairs  in  Jones's 
house.  She  is  brought  thither,  my  lord  Grey 
came  twice  to  the  house,  and  both  times  without 


jai] STATE TBIALS,  34 Charlks  II.  i6S7^9rdA&ueking Lady  H.Berketey.  [i$t 


Ms  petiiwig,  «s  fhe  maid  swears  she  knew  him 
vefj  w^j  and  there  he  toek  lodfings  ^  a 
fady,  and  that  lady  came  after wardS.    Now  if 
this  fiiUsout  to  be  my  lord  Berkeley's  daughter 
tbeD  you  hare  it  pushed  home  upon  iny  kurd 
Grey.      That  this  was  my  k>rd  Berkeley's 
-danghilery  yen  have  diis  endenee  made  op  of 
drcamslaiiees.    EiraC,  the  mflicy  used  in  the 
case  by  my  lord,  to  have  au  so  pnrstely  ma- 
ftaeed.  Another  circtmstanoe  there  is,  though 
at  first  it  seems  hut  sfight,  yet  if  it  be  wdl  eon- 
sidered  will  signify  very  much,  and  that  is  what 
the  naid  does  testify.    6be  says  her  linen  was 
broogiit  down  to  be  washed,  and  ihere  was  a 
«iiift  that  was  veiy  remaiicable,  for  it  had  the 
body  of  one  sort  of  cloth,  and  the  sleeres  of 
SBoiher,  and  that  she  took  special  notice  of  it, 
sod  theaoe  woaM  have  eenduded  that  the 
lady  was  not  a  person  of  <]«iUty  ;  and  anoflier 
of  those  very  shiAs  that  belonged  to  my  lady 


Hanriett  was  brought  to  tier  aflerwards,  and 
«he  swears  it  was  of  thesame  fashion  and  make 
with  tiMt  which  the  lady  had  tiiat  lodged  iu 
their  iMMne ;  and  it  was,  as  aH  do  agree,  just 
4nilie  same  manner  as  this  was,  with  the  fclody 
of  one  doth  and  llie  sleeres  of  another.  Then, 
there  is  colonel  Fitz-Gerrard  was  in  those  Yery 
lodgiDes  at  Hiat  time ;  and  he  comes  and  tells 
yon,  ^at  having  heard  of  my  lord  Berkeley's 
daughter's  departure  from  herfatber,  and  coa- 
odenz^the  cireumstances  that  he  had  heai'd 
the  maid  say  that  it  waCs  my  h>rd  Prey's  mis- 
tress that  was  broughtin  thrther,  and  such  other 
drcomstaao^s  concurring,  he  did  condnde  this 
Is  be  ^be  ladv,  and  be  tens  Jones  his  suspicions 
concerning  it  (whose  wife  was  by  the  way  so 
very  officious  to  conceal  the  lady,  that  she 
would  not  snfier  her  maids  to  come  up  stairs, 
but  would  rs^er  shut  np  the  shop-nindows 
herself,  than  the  maids  shonld  come  to  see 
her.)  Mr.  Jimes  b«rin^  discourse  with  the  oo- 
Isaei  aboot  this,  and  iioding  the  lady  was 
smoked,  was  amrry  at  the  c^onePs  curiosi^ 
which  increased  the  ctrfonel's  suspicion.    He 
tali  Jones,  this  must  needs  be  the  lady,  and  3 
wiB  see  her.    Which  he  very  much  fearing,  in- 
Healed  him  ttot'to  disturb  the  house  at  that  time 
of  night,  and  upon  pomise  tolet  him  see  her  the 
QcstnwuDgjlie  desisted;  but  told  him,  he 
knew  not  what  be  was  doing,  he  did  a  very  ill 
tfaiogto  conceal  a  yonng  lady  from  her  friends ; 
hcrnther  and  mother  not  knowing  where  she 
was,  nuight  give  her  ^rer  for  dead.     But  in  the 
aomiDgtfae lady  was  conreyed  away.    This, 
Id  me  is  m  idirewd  circnmstance  that  Jones  knew 
her  fo  be  the  iady,  and  to  conceal  all  the 
Mter,  got  so  much  titbe  to  send  her  away. 
1*0  wl^t  pnrpose  else  was  she  carried  away, 
when  the  colonel  was  to  see  her,  that  he  might 
be  ntisfied  about  his  suspicion,  and  so  acquaint 
herfttherf  But  she  was  conveyed  away  pre- 
smdy.  Oendenaen  it  is  mantfest  by  all  the 
witiKSies,  nnd  by  ^hat  the  defendants  coun- 
sel theoMciTes  opened,  that  umler  this  ab- 
sence^ the  lady  from  her^ber,  he  had  an 
imercourse  of  liters  with  her,  which  is  a  great 
ciiBaiDfllaiiee  to  prove  that  she  was  .caiTied  i 


away  by  kis  contrivance.  He  couUl  tell  the  lady 
Lncyy^hatshe  should  never  be  bi*ought  back 
again,  without  he  might  have  leave  to  visit 
her.    So  that,  it  seems,  he  had  full  po^er  over 
hear.    There  is  another  gentleman,  who  has 
told  yon  he  wassetas  ai^y  over  him  ;  and  if 
you  believe  htm,  my  lord  Grey  has  made  a 
confession  to  him  as  he  would  to  his  ghostly  fa- 
ther ;  he  has  told  you  the  intrigue  of  all  his 
unlawful  love,  from  the  beginning  to  the  end  ; 
how  long  he  was  engaged  in  it  before  he  had 
any  comibrt  I'rom  the  lady,  when  he  had  the 
finst  demonstratioa  of  kindness  from  her,  and 
the  ii4iole  matter  all  along.    There  is  another 
gentleman  that  was  sent  to  treat  with  my  lord 
(Mr.  Smith)  concerning  this ;  he  tells  you  my 
Iprd  Grey  and  he  being  in  a  long  discourse,  he 
oflered  that  he  would  «li  ver  her  to  one  person^ 
but  not  to  another ;  She  should  be  first  sent  to 
his  bcother-^n-law,  Jfr.  Nevil's  in  Berk^ire  ; 


afterwards  to  another  place,  Mr.  Petit's,  so  as 
he  might  have  access  to  her ;  but  he  tells  you 
also,  this  was  the  conclusion  of  all,  he  would 
never  part  with  her,  nor  never  deliver  her, 
upon  any  other  terms,  than  that  he  mis^ht  have 
access  to  her  whenever  he  would.     Now  lay 
all  this  together,  and  see  what  it  amounts  to. 
He  that  had  so  great  a  passion  for  her,  he  that 
could  not  be  without  a  sight  of  her,  but  used 
such  ways  to  come  to  speak  to  her ;  he  that 
had  letters  from  her  all  along ;  he  that  liad 
such  power  over  her,  that  he  could  deliver  her, 
as  he  said,  or  tfDt,  and  would  keep  her  in  spite 
of  her  fiither,  unless  he  might  have  leave  to 
visit  her  as  often  as  he  pleased  ;  and  consider 
then  i  say  whether  it  is  not  more  probable,  that 
he  had  a  hand  in  carry in^f  her  away.     It  is 
plain,  beyond  all  contradiction,  she  wascaiTied 
away  by  his  man,  who  was  in  his  company  that 
night ;  he  pretended  to  go  to  Up-park,  but  wa* 
in  London  the  next  morning  by  nine  o'clock. 
Mylonlcame  aiVerr/ards  to  take  lodgiugs  lor 
her,  two  days  one  afVer  another.  Whether  then 
he  be  not  as  guilty  as  Charnock,  or  Rny^f  the 
rest,  nay,  inmd,  the  main  mover  or  this  ill 
thin^,  you  are  to  consider  upon  the  evidence 
thatlias  been  given.    Biut  you  must,  withal, 
take  into  your  consideration,  what  tny   lord 
Orey  says  lor  himself.    He  ariced  several  ques- 
tions of  the  ladi^  that  were  examined,  but 
truly  never  a  one  worth  the  remembering,  that 
I  know  of,  or  that  made  to  his  purpose.    He 
does  indeed  pretend  that  the  young  lady  was 
hardly  used  at  bosM,  end  that  she  ned  to  him 
as  to  a  sanctuary  for  protection ;  and  you  hear 
the  several  witnesses  examined  to  that  point ; 
and  ibey  all  say  she  was  used,  notwithstanding 
the  discovery  of  ^s  ill  business,  with  the  great- 
est kindnesa  and  respect  that  a  child  couhl  be 
used  with  by  her  mother,  and  no  hardship  put 
upon  her  but  only  she  was  forbid  to  write  any 
letters  to  my  lord  Grey,  and  had  a  maid  put 
upon  her  to  keep  her  from  running  away,  be- 
cause once  berore  she  attempted  it,  4U3  her 
mother  did  believe.    The  lady  berselt  is  bere» 
she  has  been  examined  ;  she  indeed  denies  this 
all  along ;  she  says  that  this  coach-man  Char* 


163]  STATE  TRIALS,  34CflAmLSsII.  \€s%r^THalcf  lAn'dGrejfandoiheri,[%B^ 


nock  diil  not  cany  her  away  ;  she  says  she  was  i 
not  at  Hilton's,  nor  at  Patten's,  nor  ai  Jones's ;  ■ 
that  she  never  see  my  lord  Grey  till  a  long  time 
aAer  she  went  from  her  fatberV    But  this  is 
all  disproved  by  the  other  witnesses;  and  so 
whether  you  will  believe  her  single  testimony, 
or  their's,  I  must  leave  it  to  you.  You  must 
iMnslder  under  what  circumstances  she  is,  and 
traly  she  doth  not  seem  to  be  any  way  fit  to  be 
betieyed  in  this  matter.    Jones  and  his  wife 
are  as  guilty  as  any  of  the  rest,  for  their  con-  I 
trivance  to  keep  her  secret,  especially  after  that 
be  had  promised  Fitzgerrard  to  letlum  see  her. 
Look  you,  as  to  the  long  discourse  my  lord 
Grey  made,  I  must  tell  you,  it  is  not  to  he  be- 
lieved further  than  it  is  proved.  Now  my  lord 
Grey  did  tell  us,  that  he  irom  time  to  time  had 
given  caution  to  my  lady,  that  she  should  look 
to  her  daughter,  and  lock  her  up,  for  else  she 
would,  as  he  believed,  mn  away.    My  lady 
denies  it  all,  and  so  it  goS-all  for  nothing,  and 
^ou  are  to  take  no  notice  of  it  I  must  U«ye  it 
to  you  whether  you  do  believe  whi^  these  wit- 
nesses have  sworn,  if  you  do  believe  the  evi- 
dence produced  for  tlie  king,  most  certainly 
they  are  all  five  guilty  of  the  chaige  in  the 
information. 

Just  Doiben,  There  is  no  evidence  against 
Rebecca  Jones. 
X.  C.  J.  No,  thete  is  not. 
Sen.  Jeferiet,  No,  we  cannot  insist  upon  it 
that  there  b,  you  must  find  her  not  guiky . 

Just.  Jonet.  1  must  remember  you  of  6ne 
^hing,  gentlemen,  and  that  is,  what  dropped 
frommv  lord  Grey's  own  mouth,  that  when 
my  lonf,  as  he  says,  g^ve  his  advice  that  she  | 
should  be  looked  ailer  carefully,  he  would  not 
give  his  reason  for  it,  but  atler  he  di(i,  as  he 
says,  tell  it  my  lady  Lucy,  that  she  complained 
rto  him  at  St  John's,  that  she  led  the  liie  of  a 
dog,  or  a  slave,  and  she  would  not  endure  it 
any  longer,  imd  desired  him  to  assist  her,  or 
she  would  do  herself  a  mischief.  Why  was  not 
this  told  before  f 

L,  C.  J.  Ay,  hot  brother,  my  lady  Berkeley 
denies  it  all  too. 

[Then  the  jury  began  to  withdraw.] 

Earl  pf  Berkeley.  My  lord  chief  justice,  I 
j^ire  I  may  haye  my  daughter  delivered  to 
me  agaip. 

L,  C.  J.  My  lord  Berkeley  must  have  his 
daughter  again.  • 

IMy  Henrietta^  I  will  not  go  to  my  fiUher 

Just.  Dotben,  My  k)rd,  she  being  now  in 
court,  and  there  bemg  a  Homine  replegiando 
l^inst  my  lord  Grey,  for  her,  upon  wluch  he 
was  committeil,  we  must  now  examine  her. 
Are  you  under  any  custody  or  lestraint, 
Jttailaw  ? 

Lady  Henrietta,  Nq,  my  lord,  I  ao[i  not 

X.  C.  /.  Then  we  cannot  deny  my  lord 
pprke.ey  the  custody  of  his  own  daughter. 

Lady  Henrietta,  My  lord,  I  am  married. 

X.  C.  J.  To  whom  ? 

IMj  Henrietta,  To  J|r,  Turner. 


L.C.J.  WhatTumerr  Whereisbe? 
Lady  Henrietta,  He  is  here  in  court. 

£He  being  among  the  crowds  ^'ay  was  made 
for  him  to  come  ip,  and  he  stood  by  the  lady 
and  the  judges.] 

X.  C.  X  Let's  see  him  that  has  manied  yon. 
Are  you  mapied  to  this  lady  f 
w.  I^tmer.  Yes,  I  am  so,  ipy  lord. 
X.  C.  J.  What  are  you  P 
Mr.  Turner,  i  am  a  gentlenian. 
X.  C.  /.  Where  do  you  live  ? 
Mr.  Turner.  Sometmies  in  town,  sometioiec 
in  the  country.    , 

X.  C.  X  iVhere  do  you  live  when  you  are  in 
the  country  ? 
Mr.  Turner.  Sometimes  in  Somersetshire 
Just  Dolben,  He  is,  I  believe,  the  son  of 
sir  WiUiam  Turner  that  was  the  advocate,  lie 
is  a  little  like  him. 

Serj.  Jefferiei,  Ay,  we  aD  know  Mr.  Tumor 
well  enough.  And  to  satisfy  you  this  is  all  a 
part  of  the  same  design,  and  one  of  the  foidcat 
practices  that  eyer  was  used,  we  shall  proye  he 
was  married  to  another  person  before,  that  ia 
now  alive,  and  has  children  by  him. 

Mr.  Turner.  Ay,  do,  sir  George,  if  you  cao, 
tor  there  never  was  any  such  thmg. 

Seg.  Jejferiet.  Pray,  Sir,  did  not  vou  liye  at 
Bromley  with  a  woman  as  man  and  wife,  and 
had  divers  children,  and  living  so  intimately 
were  you  not  questioned  for  it,  and  you  and 
she  owned  yourselves  to  be  man  and  wife  ? 

Mr.  Turner.    My  lord,   there  is   no  snch 
thing  ;  but  this  is  my  wife  I  do  acknowledge. 
Att.  Gen.  We  pray,  my  lord,  that  he  may 
have  his  oath. 

Mr.  Turner.  My  lord,  here  are  the  wit- 
nesses ready  to  prove  it  that  were  by. 

Earl  of  Berkeley.  Truly  as  to  that,  to 
examine  this  matter  by  witnesses,  I  cwiceiye 
this  Court,  tliough  it  m  a  great  Court,  yet  baa 
not  the  ci^nizance  of  marriages :  and  though 
here  be  a  pretence  of  a  marriage,  yet  I  kn6vr 
you  will  not  determine  it,  bow  ready  soever  be 
be  to  make  it  out  by  witnesses,  but  1  desire 
shenuu'  be  delivered  up  to  me,  her  father^ 
and  let  him  take  his  remedy. 

L.C.J.  I  see  no  reason  but  my  lord  may 
take  his  daughter^ 

Eail  of  Berkeley.  I  desire  the  Court  will 
deliver  her  to  me. 

Just  Dolben.  My  lord,  we  cannot  dispose  of 
any  other  man's  wife,  and  tliey  say  they  are 
inarried.    We  have  nothioe  to  do  in  it 

X.  C.  X  My  lord  Beikdey,  your  daughter 
is  free  lor  you  to  take  her;  as  for  Mr.Turoer^ 
if  he  thiolu  he  has  any  right  to  the  lady,  let 
him  take  his  course.  Are  you  at  tiberty  and 
under  uo  restraint  P 

Lady  Henrietta.  I  will  go  with  my  husband. 
Earl  of  Berkeley.  Uussey,  you  shall  go 
with  me  home. 
Lady  Henrietta.,  I  will  go  with  my  husbaud, 
Eariof  Berkeley.  Hussey,  you  shall  go  with 
me,  I  say. 
Lady  Ucnrietta,  I  will  go  with  my  hi^|)iMkd^ 


185]  STATE  TRIALS,  34CaARULSlI.  \6H^^§rd(imu:kimgtttdyH.Birkdeg.[l^ 

JmAj  Henrietta.  I  w31  go  with  my  hOB- 
band. 

Eaii  «f  Berkeley,  Then  all  that  are  my 
inends  seize  her  I  charae  you. 

X.  C  J.  Nay,  let  us  have  no  hreakiug'  of  the 
peace  in  the  Court.  But,  jmy  lord  Cayendisb, 
the  Court  doea  perceire.  3rou  have  appre- 
hended youraelf  to  be  afironted  by  that  gf entle- 
man  Mr.  Craven's  naming  jpu  in  his  evi- 
dence ;  and  taking  notice  ot  it,  they  think  fit 
to  let  ymi  know,  that  they  expect  you  should 
nof  think  of  righting  yourself,  as  they  have 
some  thoughts  you  may  intend.  And  there- 
fore you  must  lay  aside  any  such  thoughts  of 
any  such  satisfacSuon.  You  would  do  yoursdf 
more  wrong  by  attempting  to  right  yourself  in 
any  such  way. 

Lord  CuvewUsh.  My  lord,  I  am  satisfied 
that  your  lordship  does  think  it  was  imperti- 
nently spoken  by  him,  and  shall  not  concern 
myself  any  further,  but  only  desire  that  the 
Court  would  give  him  some  reproof  for  it. 

Then  the  Court  broke  up,  and  passings 
through  the  hall  there  was  a  great  scuffle 
about  the  lady,  and  swords  drawn  on  both 
sides,  but  my  Im  chief  justice  coming  by,  or- 
dered the  tipstaff  that  attended  him  (who  had 
formerly  a  warrant  to  search  for  her  and  take 
her  into  custody)  to  take  charge  of  her,  and 
carry  her  over  to  the  King's-boich  ;  and  Mr. 
Turner  asking  if  he  should  be  committed  too, 
the  chief  justice  told  him,  he  might  go  widi 
her  if  he  would,  which  he  did,  and  as  it  is  re- 
ported, they  hiy  together  that  night  in  the 
Marshal's-house,  and  she  was  relei^  out  of 
prison,  by  order  of  the  Court,  the  last  day  of 
the  term. 


Mr.  WUUama.  Now  the  lady  is  here,  I  sup- 
pose my  lord  Grey  must  be  disdiarged  of  his 
BBprisoiiineDt. 

sen.  J^me».  No,  my  lord,  we  pray  he 
ma?  be  continaed  in  custody. 

L.  C.  J.  Hofw  can  we  do  that,  brother,  the 
commitmeBt  upon  the  Writ  De  Homine  Reple- 
giando  ia  but  &1  the  body  be  pindooed,  and 
here  she  is,  and  says,  she  is  under  no  re- 
strainl. 

Sesg.  Jefferiei.  My  lord,  if  yon  please  to 
lake  a  littie  time'to  oonsid^  of  it,  we  hope  we 
may  aatisly  yon  that  he  ought  still  to  he  in 
curtody. 

X.  C.  J.  That  you  can  never  jlo,  brother. 

Serj.  Je^^rtes.  But  your  lordship  sees  upon 
the  pitxiD  to  day,  this  is  a  cause  of  an  extra- 
wdinary  ibul  nature,  and  what  verdict  the  jury 
may  give  upon  it  we  do  not  know. 

Att,  Gen.  The  truth  of  it  is,  we  would  have 
my  kivd  Grey  forth-coming,  in  case  he  should 
be  couricted,  to  receive  the  judgment  of  the 
Court. 

X.  C.  J.  Yon  cannot  have  ju^^fment  this 
lens,  Mr.  Attorney,  that  is  to  be  sure,  for  there 
are  not  ibur  days  left.  And  my  lord  Grey  is 
to  be  found  to  lie  sure,  there  never  yet,  before 
this,  was  any  thin&f  that  reflected  upon  him, 
tboQirh  this,  indeed  is  too  much  and  too  black 


if  hebeffuilty. 

Joflt.I>o/^.  Brother,  you  do  ill  to  press  us 
to  what  cannot  be  <lone ;  we,  it  may  be,  went 
Xnrther  than  ordinary  in  what  we  did,  in  com- 
mitting him,  being  a  peer,  but  we  did  it  to  get 
tbe  young  lady  at  liberty ;  here  she  now  ap- 
peals, and  says  she  is  under  no  restraint ; 
what  shall  we  do  ?  She  is  properly  the  plain- 
tiifin  the  Homine  Repl^iando,  and  must  de- 
clare, if  she  please,  but  we  cannot  detain  him  in 
custody. 

X.  C.  J.  My  lord  shall  g^ve  security  to  an- 
swer her  suit  upon  the  Homine  Replegiando. 
Mr.  Williams,  We  will  do  it  imme<uately. 
X.  C  J.   We  did,  when  it  was  moved  the 
other  day  by  my  brother  Maynard,  who  toM 
OB  of  ancient  precedents,  promise  to  look  into 
them,  and  when  we  did  so,  we  found  them  to 
be  as  much  to  the  purpose,  as  if  he  had  cast 
his  cap  into  the  air,  they  signified  nothing  at  1 
all  to  his  point    But  we  did  then  tell  hihi 
(as  we  did  at  fost  tdl  my  lord  so)  if  he  did 
•  produce  the  lady,  we  would  immediately  bail 
bim.     And  she  being[  now  produced,  we  are 
bound  by  law  to  bail  nun.    Take  his  bail. 

[And  accordingly  he  was  bailed  at  the  suit  of 
the  lady  Henrietta  Berkeley,  by  Mr.  Forrester, 
and  BIr.  Thomas  Wharton.] 

EarlofBer^%.  My  lord,  I  desire  I  may 
bare  my  daughter  M;ain. 

X.  C.  X  My  kwa,  we  do  not  hinder  you, 
jou  may  take  ber. 


On  the  morning  after  the  trial,  being  Friday 
the  24th  of  November,  the  jury  that  tried  the 
cause,  havinff  (as  is  usual  in  all  cases  not 
capital  tried  at  the  bar,  where  the  Court  do 
not  sit  long  enough  to  take  the  verdict)  given 
in  a  private  vermct  the  evening  before,  at  a 
judge's  chamber,  and  being  now  called  over, 
all  appeared,  and  being  askra  if  they  did  abide 
by  the  verdict  that  they  ^ve  the  night  before, 
they  answered,  yes ;  which  was  read  by  the 
clerK  of  the  crown  to  be,  that  all  the  defendants 
were  godty  of  the  matters  charged  in  the  in- 
formation, except  Rebecca  Jones,  who  was  not 
guilty ;  which  verdict  beinsf  recorded,  was  ^ 
commended  by  the  Court  and  the  king's  coun- 
sel, and  the  iury  discharged. 

But  in  the  next  vacation  the  matter  was 
compromised,  aod  so  no  judgment  was  ever 
prayed,  or  entered  upon  record,  but  Mr.  At-i 
totney  General  was  pleased,  before  the  next 
Hilary-Term,  to  enter  a  Noli  Prosequi  as  tci 
all  the  defendlants.* 

♦  8ee  the  next  Case. 


1 87]    STATE  nUALS,  S5  CHAKlss  II.  l€S3.—TruU  of  Uiamst  PiJkingt^n,  [i  D^ 


291.  The  Trial  of  Thomas  Pilkington,*  esq.  Samuel  Shute, 
esq.  Sheriffs,  HfiNar  Cornish,!  Alderman,  Ford  Lord  Grey 
of  Werk,  Sir  Thomas  Player,  knt.  Chamberlain  of  London, 
Slingsbf  B£tu£L,:{;  esq.  Francois  Jj!:nk.8,||  John  Deagx.^:, 
Richard  Freeman,  Richard  Good£nough,4  Robert  Kkv, 
John  Wic^cham,  Samuel  Swinock,  John  jekyll.  Senior, 
at  Nisi  Prius  at  the  Guildhall  of  London,  for  a  Riot,  and  an 
Assault  and  Battciy  on  Sir  John  Moore,  then  Lord  Mayor : 
35  Charles  IL  a.d.  1683. 

the  traDsactions,  howerer  limited  witibm  the 
liberties  of  the  city,  which  was  bnt  a  pii« 
vate  capacity,  yet,  consequently,  iheyim- 
prored  to  a  grand  crisis  of  state,  and  hinged 
aboat  the  whole  ma^ne  of  king  Charles  2*8 
government,  from  *  &  poStwre  of  jpreat  uncer- 
tainty, trouble,  ^^d  hazard  ox  the  public 
pubhc  peace,  to  a  complete  settlement  of 
him  and  hia  authority  in  a  shining  serenity 
and  peace.  And  this  tranquillity,  to  the  utter 
confosion  of  the  adFei:se  party,  continued, 
with  little  shew  of  chanee,  till  that  immense 
and  dolor ious  loss  by  nis  demise,  when  the 
sluice-gates  of  change  opened  :  But  those 
affairs  are  beyond  the  limits  of  my  luider- 
taking  to  account  for.  But,  as  I  said  before, 
little  remains  above  ground  to  noti^.  these 
brigues,  that  had  audi  monstrous  effect,  to 
posterity  ;  and,  like  the  items  of  Gates's 
plot,  are^  as  the  acts  of  the  heroes  of 
antiquity,  turned    into    fable,    as   it 


{lloger  North  writes  thus  as  to  the  contests  re 
specatbg  the  elections  of  Sherifis  of  London 
out  of  which  this  case  arose  : 

<<  I  intend  now  to  present  a  denouement  of  af- 
fairs, a  new  turn,  which  happened  upon  cer- 
tain rectifications,  brougiit  about  in  the  city 
^  London  in  the  year  1682  ;  and  began  in 
gaining  the .  election  of  sir  John  Moore  for 
lord  mayor,  and  was  followed  by  the  sp- 
polntment  of  sir  Dudley  North  and  sir 
Feter  Rich  for  sherifis,  whereupon  Igno- 
ramus vanished  :  Bnt  all  this  was  not  done 
without  immense  concussions  and  noise,  that 
affected  not  only  the  city  of  London,  and  the 
countries  thereabouts,  but,  in  great  nieasui:e, 
all  England  besides.  The  author  hath  given 
nothing  considerable  of  this  whole  matter, 
whereby  any  thing  of  it  may  be  understood  ; 
.  but  only  some  snatches  of  nicts,  either  mis- 
taken or  false,  which  serve  in  the  quality  of 
mishapen  vehicles  of  his  base  detraction. 
I  have  iiideed  wondered  oflcn  that,  among 
the  many  books,  of  one  sort  or  other,  that 
have  come  out,  whereof  some,  as  this  au- 
thor, pretend  to  be  historical,  and  even  of 
those  very  times,  yet  none  have  oflered  at 
a  clear  ration  ef  these  city  doings ;  al- 

'  tiiongh  the  importanoe  of  them,  to  the  pub- 
lic, was  great ;  and  they  were  full  of  strange 
turns  and  «urprises,  such  as,  I  think,  none, 
Imt  the  Englisn  -stage,  could  present.    For 

*  From  a  painphlet,  entitled,  "  The  Triid 
« of  Tbo.  Pilkington,  esj.  CbmudSfaule^  esq. 

*  nheriffs ;   Henry  Csmish   alderman ;    Ford 

*  Lord  Grey,  ef  Werk;  mt  Tho.  flayer,  knt. 

*  ohamberlain  of  London ;  SHtngsby  Bethel, 
'  <8q. ;  Francis  Jenkc,  John  Dewe,  Richard 
<  Fi»eemAn,Riohaid€roadenofij^h,llobertKey, 

*  John  Wickham,  Sawuel  Swinock,  and  John 
« Jekyll,  an.  fbr  the  Riot  at  Guildhall,  4>n 
^MidsuiiiiDer-day,  1689.  Being  the  day  for 
'•election  «f  shcrifls  for  the  year  ensniitf. 
«  Londan :  Printed  for  Thorans  Dring,  at  the 

*  Hairaw,  at  the  corner  of  Chanoery^lane  end, 

*  in  Fleet-street;  1683.' " 

•«  May  11, 1688.  I  do  appoint  Tho.  Dring 
« to  print  this  trial,  and  that  no  other 
**  person  presume  to  print  the  same. 

«*  EUM.  Saunoers." 
See  1  Burnet's  (hvn  Times,  535.    Pilkington 
was  afterwards  Lord  Mayor  for  two  yean  to- 
geOier,  1689, 1690. 


were. 


or   notliing.    And  therefore    I    take  faints 
from   the    author  to  revive  here  what  can 
be   recollected    of  them  by  one  who,    in 
those  days,    attended    close  at   all  public 
agitations  of  the  time,  and  of  these  move^ 
ments  more  especially. 
"  Very  much  dependea   on  the  character  ot 
that  single  citizen,  sir  John  Moore.     He 
was  a  person  very  grave,  and  of  a  retired 
and  virdious  course  of  life;    conformable, 
— ^'■■'»^— ^— «»■»— ^»— .^»— ^^— — — — ^^~.— —      ■  ■     »^-^.«»— 
t  Sea  his  Case  for  High  Treason,  a.  d.  1685 » 
post, 

t  See  his  Case,  vol.  8,  p.  747,  of  this  Col- 
lection. 

II  See  his  Case,  a.d.  1676,  vol.  6,  p.  U90p 
of  this  Collection. 

$  In  N.  Luttrell^  M8.    ^  Brief  Historical 
Relation,"  Sec.  in  thelibrary  of  All  Soiris' Col- 
lege, Qxiford,  the  tbllowing  account  is  civen  of 
a  remarkaUa  exercise  upon  this  Gootmoiufli 
of  the  power  of  commitmeHt,  as  it  seems,  f^r 
contempt:  '<  The  4th  September,  16812,   the 
sessk>ns  hegan  at  Hkdcs^-inril,  for  the  county 
of  Middlesex,  when  4he  ^ry  fonnd   several 
bills ;  and  upon  comjdaint  against  Mr.  Good- 
enough,  the  under-sheriff,  for  ftot  providing  % 
dinner  for  their  worships,  the  justices  com- 
mitted him  to  prison  denying  bail." 

Of  this  Goodenougb,  see  more  in  the  report 
of  the  Trial  of  Cornish,  for  High  Treason,  a.  d. 
1685,  in  this  Collection. 


♦ 


199]       STATE  TRIALS,  35  Chahlbs  II.  l6S3.*-«uf  othenji^  a  Jttat.       [190 

did  not  aifect  the  retarn  of  juries,  w^ich  was 
their  palladium  ;  therefore  they  <Ud  not 
unite  as  one  to '  exclude  liini,  as  tliej-  did  to 
cany  the  choice  for  sherifis ;  else  (as  was 
seenjn  that  case)  he  could  nerer  have  been 
chosen.  And,  if  ther  had  had  a  magica( 
intuition  that  air  Jonn  Moore  had  been  ca-* 
pable  of  acting  against  them  as  he  did,  tltej 
na(f  ibuglit  at  the  choice  as  high  against 
him,  as  ever  they  did  asfainst  any  other.  I 
cannot  but  reflect  on  rae  vanity  of  craft  ia 
afTairs  of  the  public,  liable  to  strange  un« 
foreseen  turns,  and  derived  upon  tne  least 
accidents  that  gire  a  start  to  them.  For 
here  the  singnkr  character  of  this  good 
man,  which  had'  not  its  like  perhaps  in  all 
the  three  kingdoms,  coming  on  by  a  sort  of 
contingent,  under  which  the  faction  was  not 
alarmed,  and  the  loytdists  had  but  iain.t 
hopes,  produced  an  exquisite  opposition  to 
the  party,  and,  in  the  end,  deprived  them  of 
their  fortress  «yf  the  sherifTs  office,  and  laid 
them  open,  in  London  and  Middlesex,  to  the 
ereat  and  small  i^iot  of  the  law,  for  their 
daring  unguarded  misdeeds ;  than  which  no- 
thing could  have  happened  more  fatal  to  the 
whole  ordonnance  and  strength  of  thefadion  : 
The  steps  and  manner  of  which  erent  to  ex- 

n,  is  the  bnsinesB  of  what  foIlowB. 
»(h  been  before  observed  that  the  best, 
and,  gencndly,  most  substantial  of  the  citi- 
sens,  whom  the  author  honours  with  the  title 
•  of  the  Court  Part^,  were  much  concerned  at 
the  disorder  tile  city  was  in ;  whereof  almost 
the  whole  amhority  and  justice  was  fkHeo 
into  the  hands  of  a  party,  and  the  very  exte- 
rior ooontenmee  of^  the  city  was  altered  for 
the  worse/  All  the  feattmg  and  common 
gtiod  feilowriiip  of  the  neighbourhood  Biid 
aside ;  and,  in  ooflfee-houses  and  comers  of 
the  streets,  continoal  debates  about  party 
makittt^  and  party  working,  and  not  seldom 
right  down  scoldmc  and  ouarrelmg.  lliia 
eager  contention  shewed  tnere  was  a  good 
body  of  citisens,  that  hod  ffood  hearts  and 
spirits,  and  who  would  readily  join  in  any 
reasonable  methods,  as  might  be  found,  to 
i^estore  the  ancient  order  and  course  of  Hying 
in  the  city.  And  this  'party,  among  th^ 
better  sort,  was  observed  to  encrease  in  num- 
bers, diligence  and  application,  by  their  rea- 
soning with  the  Kvery  mep,  modeititing 
them,  if  possible,  to  comply  somewhat  with 
the  government,  and  not  always  to  make 
scandalous  elections  of  sheriffs,  as  they  had 
lately  done ;  minding  them  of  the  peace  and 
vast  trade  they  had  had,  and  stiu  enjoyed 
under  the  govemn^ent,  and  that  such  into- 
lerable oppositions  jnust,  at  length,  come  to  a 
rupture  and  lose  all.  So  the  peaceable  citi- 
zens to  those  who  perpetualfy  raved  about 
with  the  words  «  Popery,  French,  and  ar- 
*  bitrary  Power'  flammg  out  at  their  mouths. 
On  the  other  side,  the  court  and  tbeif  friends 
were  not  idle ;  but  very  many  of  them  came 
and  kept  company  with  the  friendly  citizens, 
encouraging  and  countenaBcmg  them.    Th« 


ooDdlaiit  St  chvroh,  of  loyal  prjndples, 
and  T«rT  jnataad'honest  in  all  his  dealings ; 
all  which  his  very  enemies  coirid  not  deny : 
ilnd  aWioagh  all  the  factions  party  would 
have  made  him  their  property,  yet  few 
intended  him,  personally,  any  harm.  He 
was  hynalnre,  not  only  careinl,  but  also 
▼eiy  learfiil  of  consequences  ;  but,  being 
once  satisfied  of  the  justice  in  what  con- 
cerned him  to  do,  he  wanted  no  resolution 
or  eovrage  to  perform  it.  f  n  the  mean  time, 
hv  bein^  suspicious,  dubious,  caiiteious,  and 
not  soon  determined,  but  hesitatory  on  unusual 

•   oceiirrencea  iu  his  office,  madt^nim  pass  for 
a  person  timidous,  and  oSl  a  fidtle  and  iire- 
aolute  temper  ;  otherwise  he  had  not  been 
mayor   at  that  time,  as   will   be   shewed. 
He  was  forward  in  nothing,  and,  being  sen- 
sible of  his  soft  unsteady  elocution,  inclined 
to  silence:    but  his  behavioar  was  always 
modest   and  respectful  to  all,  and,  by  his 
wonfe  or  carnage,  offemling  none,  but  to  his 
hetiers  extreme  submiss.     His  oithnary  dis- 
course, as  well  as  bis  countenance,  was  fahit, 
and  tended    to  dejection,  so  as  one  would 
think  he  always  desponded  ;  and  that  made 
folks  apt  to  guess  he  bad  no  firmness  or  re- 
adiition  at  the  bottom,  or  at  least  not  snch  as 
waAi  sustain  him  upright  under  difficulties. 
Ml  which    made    it  wonderful  that,  in  so 
IHrooblesome  a  mayoralty,  as  he  had,  and, 
-aAerwards,  imder  a  more  troublesome  inqui- 
«tioa  that  fell  upon  him,  of  which  in  due 
thne,  he  should  cairy  himself  with  snch  finn- 
aeas  and  iwtseverance,  in  all  the  substantial 
poinis  of  his  difficulties,  as  he  did.  Whereby 
at  wn  plain  tiiat  he  carried  inhismindade- 
tenninatxoD,  that  neither  public  nor  private 
shonld  snffin-  through  hnn,  whatever  men 
might  tiiink  to  extort  from  him,  or  whatever 
ahottld  happen  to  himself.    Which  diaraeter 
wt»  cut  out  for  this  time  and  public  occa- 
sion ;   for   nothing   but   such  firmness  of 
mind  and  manifest  goodness,  with  a  seeming 
nassrre  disposition,  could  have  protected  him 
iW>m  those  rages  of  violence  as  very  often 
threatened   him :    Which,    probaUy,    bad 
broke  loose  npon  any  one,  in  his  post,  that 
had  carried  matters  with  a  stem  and  inina- 
toTj  behaviour. 

♦*  The  loyal  citizens,  knowing  this  person  to  lje 
ajostman,  and  one  wKo  would  not  combine 
with  faction,  and  having  a  view  ^  some  use 
to  be  made  of  such  a  one  finr  setting  the  af- 
feirs  of  the  city  right,  applied  themselves  so 
efiectnally  that  they  carried  the  election  of 
lord  mayor  for  him.  This  was  some  sur- 
prtte  to  the  factious  party,  though  they  did 
not  tbhik  his  election  of'^any  mighty  con- 
K^pxence  ta  them  ;  and,  his  course  being 
next,  mnnv  thought  it  not  reasonable,  nor 
Creditafole  in  the  city,  to  pnt  him  by  ;  and 
they  looked  upon  him  as  one  who,  by  terrors 
fin  which  the  fhction  traded  much  in  tbo% 
oays)  if  be  had  been,  as  they  thought  he 
was  not,  very  avei-se  to  them,  might  be 
irroDgfat  into  any  measures.    And  his  office 

3 


191]    STATE  TRIALS,  35CHABL£sn.  1663.— Trio/ q 

good  'effects  of  this  interooune  juid  oooTer- 

MtioD  appoared  first  in  settlings  the  point  of 

air  John  Moore^  and,  after  that,  in  briDging 

Ibrward,  by  his  means,  what  the  citizens 

had  lonjBf  thought  of  ta  set  up,  the  custom  of 

appointing  one  sheriff  by  a  ceremony  called 

*  my  Lord  Mayor's  drinking ;'  leavmg  the 

other  sheriff,  as  the  custom  was,  to  the  com- 
mon hall.    For  if  one  g^ood  sheriff  were 

gained,  they  did  not  fear  what  hurt  the  other 

alone  could  do ;  for  both  sheriffs  made  but  one 

officer. 
**  This  custom,  of  my  lord-mayor's  designing 

one  of  the  sheriffs  oy  drinking,  is  very  sin- 
gular, and  seems  to  be  a  jocular,  rather  than, 

as  it  was,  a  solemn  proceeding.    And,  ac- 
cording to  the  ancietat  constitution  of  the  city, 

it  was  a  most  reconciling  expedient ;  without 

which,  or  somewhat  else  of  like  efficacy, 

the  government  of  it  anciently  could  not  haye 
*    been  carried  on.    And,  unless  I  give  some 

dear  declaration  of  the  nature  and  use  of  this 

custom,  the  justice  of  the  controversy,  that 

fell  oat  about  it,  cannot  be  weU  understoiM]. 

The  manner  is  thus :  At  tlie  Bridgehouse 

feast,  which  is  some  time  before  the  24  June, 

the  day  of  the  election  at  Guildhall,  the 

lord -mayor  takes  his  time,  and,  out  of  a 

large  nit  cup,  drinks  to  some  person  he 

names  by  the  title  of  Sheriff  of  London  and 

Middlesex  for  the  year  ensuing.     If  the 

nerson  be  present,  the  cup  is  immediately 

Dome  to  him,  and  he  pledges  my  lord  mayor : 

If  he  be  not  present,  then  the  cun  is  con- 
veyed in  the  great  coach,  with  the  sword 

bearer  and  officers,  openly,  and  in  state,  to 

the  house  of  tlie  person  drank  to,  and  the  of- 
ficer, declaring  the  matter,  preients  the  cup 

to  him;   and  fhen  he  is  called  my  Lord- 
Mayor's  Sheriff,  and,  not  long  after,  he  is 

summoned  to  the  court  of  the  lord-mayor 

and  aldermen,  and  there,  if  he  holds,  he  en- 
ters into  bond  to  take  upon  him  the  office  at 

the  time ;  and  if  he  fines  off,  then,  in  a  like 

method,  the  cup  is  sent  to  another,  till  the 

pmon  is  pitched  upon  that  will  hold :  And 

this  way  ot  drinking  and  fining  off  b  of  great 

use  to  the  city,  for  it  brings  money  into  the 

chamber ;  and  it  is  called  going  a  Birding 

for  Sheriffs.      At  Midsummer-day,  when 

the  common-hall  meets  for  the  election  of 

sheriffs,  and  the  lord-mayor  and  court  of  al- 
dermen are  come  upon  the  Suggestum^  caUed 

tlie  Hustitt^,  the  common  seijeant,  by  the 

common  cncr,  puts  to  the  hall  the  question 

for  confirming   the   lord   mayor's  dieriff. 

which  used  to  pass  affirmatively  of  course. 

After  that,  the  lord-mayor  and  aldermen 

rise  and  go  up  into  the  room  they  call  the 

Court  of  Aldermen,  leaving  the  floor  or  body 

of  the  livery  men  below  to  choose  another 

sheriff  by  themselves,  witliout  their  interpo- 
sing or  being  concerned  in  the  choice :  And, 

if  any  difference  happens,  so  that  a  poll  is 

taken,  the  old  shen£s  preside  and  see  it  w- 

derly  done.    And  after  the  ])er9on  chosen  is 

Axed,  then  the  lord -mayor  and  aldermen 


POkkigUm    [igt 

come  down  asain  to'  their  places,  and  th«re, 
in  ftill  assembly  of  the  common  hall,  the 
election,  as  to  f>ot|i  persons,  is  confirmed  tamd 
dechffed.    For  as  the  lord-mayor's  sheEiiT 
was  confirmed  by  the  hall,  so  the  other  per* 
son,  chosen  by  tne  hall,  is  confirmed  by  the 
lord-mayor  and  aldermen ;  and  either  aide 
doth  nut  interfere  with  the  other.    This  bsul 
been  the  custom  of  immemorial  usage  in  the 
city,  and  at  length  settled  by  act  of  common 
council ;  and  so  went  on  to  about  Forty  One, 
when  tfir  like  ends  as  now,  it  began  to  be 
practised  upon  in  favour  of  the  livery,  which 
the  fiiction  began  to  set  up  in  opposition  to 
the  lord- mayor's  ;  and  so,  fi>r  two  years  be* 
fore  the  mayoral^  of  sir  John  Moore,  the 
election  of  Doth  sheriffs  were,  by  factiomt 
lord-mayors,  thrown  into  the  common  halh 
Otherwise  nothins^  of  common  law,  con- 
firmed by  statutelaw,  could  be  of  more  re- 
gular and  constant  right,  exercised  by  the 
lord-mayors  of  London,  than  this  was  ;  an 
the  various  prints  in  the  controversy,  pub- 
lished about  mat  time,  do  largely  argue  and 
demonstrate. 
"  But  this  custom  seeming  so  bizzarr,  and  the 
faction  raisin?  such  a  clamour  against  air 
John  Moore  ror  setting  up  his  rig^t  by  it,  as 
if  he  usurped  upon  the  ns^hts  of  the  city,  to 
whom  it  belonged,  said  tney,  in  a  cornorate 
assembly  to  choose  their  sherifls,  I  shall  ffive 
the  plain  and  true  rationale  of  it.    It  is  first 
to  be  considered  that  the  lord-mayor,  |d- 
dermen,  and  the  livery  men,  assembled  in 
the  common  hall,  are,  for  the  purnose  of 
choosing  officers,  the  representative  body  of 
the  city ;  whereof  the  lord-mayor  is  the  head, 
being,  an  integral  part  of  that  politio  body, 
and  hath  a  negative  voice  upon  all  their  furo- 
ceedmgs,  so  as,  witliout  him,  no  corporate 
act  whatever  can,  at  any  time,  be  made  or 
done  so  as  to  bind  the  city.    In  old  times  the 
mayor  was  the  Custos  of  the  city,  and,  since 
the  incorporation,  continues  the  like  charae, 
and,  as  head  of  the  corporation,  Is  answernnle 
for  the  good  g(»vemment  of  the  city.    The 
sherifls  of  Ltttdon  and  Middlesex  are  the 
king's  officers,  as  in  other  counties,  to  c9ol- 
lect  the  revenue,  and  to  account  in  tne  £x« 
chequer ;  and  it  was  only  the  choice  or  no- 
mination of  them,  and  no  more,  that  is 
vested  in,  or  belongs  to,  the  city ;  but  the  of- 
fice itself  b  as  at  the  common  law,  and  no 
part  of  the  city  or  its  incorporation,  as  other 
officers,  viz.  town-clerk,  sword-bwcr.  Sec* 
are.    And,  as  in  other  counties,  the  sherifls 
are  Custodes  Pacis,  and  have,  lor  that  end, 
the  Posse,  so  here  they  are  to  attend  the 

S»vemment  of  the  city,  and  assist  in  keeping 
e  peace ;  and  it  is  after  the  same  manner 
as  when  Justices  of  Oyer  and  Terminer  come 
into  a  county  or  city,  the  sherifls  are  bound 
to  give  attendance,  and  to  execute  their 
mandates.  Besides,  the  nomination  being  in 
the  city,  if  the  revenue  be  not  answerea  in 
the  Exchequer,  the  dtjc  must  pay  it  over 
sgain.    These  considerations  made  the  lord- 


ml      STATE  TRIALS^  35  Ch arlbs  II.  1  Sss^mid  oikergy  for  a  Rki.       [  1 94 


BwyoTB  be  very  sofidtous  to  have  able  she- 
nm  choam;  'and  that  created  difiereoccs 
betireeD  him  and  the  aldennen  on  the  one 
tide»  and  the  floor  or  livery  men  on  the  other. 
Andf  if  persona  w6re  named  to  be  sheriffs 
that  the  lord-mayors  did  not  think  fit  to 
InBty  they  would'  disagree,  and  then  there 
was  no  cnoioe  at  all ;  which  endangered  the 
seianre  of  their  franchises,  and  brought  other 
inoooTeniences  to  the  city .    And,  thereupon, 
the  matter  fell  naturally  into  a  compromise 
between  the  lord-mayor  and  the  floor,  as, 
lor  example,  thus :   '  If  the  Lord- May  or,' 
fstd  the  citizens,    *  will  allow  us  of  the  floor 
'  to  chooBe  one,  and  let  him  stand,  then  we 
'  will  confirm^  (it  could  not  be  called  choose) 
'  any  other  person  the  lord-mayor  shall  no- 
*  mmate' :  And  so  there  could  be  no  claah- 
11%  ;  but,  of  the  two  sberifls,  the  lord- mayor 
was  to  nominate  one,  and  the  floor  to  choose 
aoother,  •  and  tlie  whole  body  .  to  confirm 
both.     And,  to  the  end  that  the  person,  ap- 
pojnlfed  by  the  lord -mayor,  might  be  puD- 
liely  declared   and  known,  the  way  was 
fioinid  out  and  brought  into  xtse,  of  his  lord- 
sUps  drinking  in  pimlic  manner,  as  hath  been 
abewsed.     And  there  is  the  account  how,  and 
lor  what  intent,  the  custom  was  introduaed; 
which  aoswers  the  clamour  of  usurpation 
upon  the  city.    Fbr  the  lord-mayof  was  not 
more  bound  to  agree  with  the  floor  than  they 
with  him;   aiMt  the  composition    of  eacn 
faanng  a  nomination  of  one  officer,  without 
the  contradiction  of  each  other,  reconciled 
att. 
V  Bat  now,  as  to  the  fiict  at  this  time,  it  was 
from  the  citbiens  that  the  court  was  first  ad- 
mouished  of  this  expedient  for  regulating 
the  8faeriff*ii  office  by  a  reTival  of  this  ancient 
custom  of  my  lord-mayor's  .drinking.     But, 
after  it  had  been  communicated  to  Uie  king, 
and  wen  considered  by  those  about  him,  it 
was  wall  approred  of;  and  a  resolution  was 
taken  to  put  it  in  execution,  and,  if  possible, 
*la  carry  it  through.    And  the  king  was  so 
sensible  of  his  siuety  and  interest  in  the  con- 
ief{aence,  that  he  resolred  by  himself  to 
prore  my  lord-mayor,  and,  if  he  complied, 
to  take  care  the  Itfws  should  defend  him  in 
It,  as  all  agreed  they  would  do :  And,  for 
edier  disorders,  if  any  happened,  thai  he 
Woald  not  be  unprovided  to  assist  the  ^- 
remtnent,  and  to  keep  peace  in  tlie  city. 
The  lord-mayor  had  been  before  pressed,  by 
dbrers  of  the  citizens,  to  do  it  of  himself ; 
hot  he  waa  scrupulous  and  doubtful,  and 
wonld  determine  nothing.     At  length  he 
was  sent  for  by  the  king,  and,  in  his  majes  • 
^a  presence,  dirers  of  the  councU,  and  the 
attam^-general,  explained    his   power  to 
.  Uai,  tnat  be  might  nominate  one  sheriff,  as 
'  ibecnstom  of  the  city  was,  though  some  of 
his  immediate  predecessors  thought  fit  to 
ware  it.     And  the  king  himself  encouraged 
Um,  with  ezpresaionft,  not  only  of  protec- 
tion, but  eommaad ;  and,  at  last,  after  much 
hfsiiatiftn,  hedalecniiiMd  roundly  to  oonfarm, 

YOL.  IJ(. 


*  4  * 

and,  all  at  once,  promised  the  king  to  send 
his  cop  to  any  citizen  hib  majesty  shotdd 
nominate  to  him.  He  was  slow,  but  sure  ; 
and  what  with  his  judgment  tliat  the  city 
was  in  such  a  state  that  a  regulation  was  be- 
come necessary,  and  what  with  the  king^s 
promise  to  stand  by  him,  together  with  Sia 
concurrent  adrice  of  his^court  of  aldermen, 
who  were  his  regular  council,  he  contracteu 
a  firmness  of  mind  to  pursue  his  point,  and 
he  made  it  good  ;  but  with  many  an  hard 
rub  and  difficulty  emerging,  that  fiactioo 
stirred  up  against  hini ;  as  may  be  readily 
imagined  by  those  who  know  tie  humour  of 
abu^  popularity. 

'*  This  dimcidty  over,  another  sprang,  as  h^rJ 
to  accommodate  ;  and  that  was  to  find  some 
wealthy  and  reputable  citizen,  who,  being 
drunk  to,  would  not  fine  off,  but  hold  under 
that  method  of  appointment.  The  taking 
one  of  a  low'  sense,  and  to  support  him, 
would  look  triekish,  and,  at  that  time,  the 
court  would  use  no  means  but  what  were 
legal,  justifiaUe  and  reputable.  DiTers  citi- 
zens were  spdce  to  upon  this  account,  with 
assurance  lAat  nothing  extraordioar}'. would 
be  required,  but  the  year  would  pass  in  the 
usual  fimns  and  feasting ;  and  all  business 
of  ^he  law  would  fall  of  course  into  the  hands 

vof  the  under  officers,  as  formerly  had  been 
the  usage.  Many  were  not  only  willing, 
but  desirous  to  have  stood,  if  it  might  hare 
been,  as  they  alledged,  with  safety.  But 
thev  were  told  that  my  lord-mayor  had  no 
rigut  to  make  a  sheriff,  but  the  common 
hall  only  ;  and  whoever  should  stand  upou 
his  title,  would  be  involved  in  law-suits,  and, 
moreover,  be  complained  of  in  parliament, 
and  what  would  come  of  that  they  could  o6t 
tell ;  and  not  caring  to  stand  in  hazard  of  so 
much  trouble  they  desired  to  be  eitcused. 
The  occasion  of  this  scrupulosity  w:is  the 
behaviour  of  the  faction,  who,  in  pursuit  of 
their  designs,  never  breathe  any  thing  mode- 
rate. For  as  soon  as  they  found  my  lord- 
mayor,  would  exert  his  power  by  dnnking, 
and  all  their  applications,  to  divert  him, 
failed,  although  urged  with  all  the  forms,, 
and  in  all  the  shapes,  of  menace  as  weH  as 
flattery,  whcrefey  they  were  prodigiously 
surprised  ;  then  they  wound  up  their  whole 
party  and  interest  in  and  about  the  city,  and 
charged  them  with  the  most  horrible  and 
bugwar  dennnciations  they  could  invest  arid 
put  in  words,  to  deter  all  citizens  from  hold- 
ing on  that  foot.  And  acooriUngly,  they 
went  beilovning  about  into  all  companies,  aira 
places  of  promiscuous  resort;  '  Persons,  Es- 
tates, all  must  go  to  Perdition ;'  hanging  waa 
the  mildest  woitl  came  out  of  their  mouths  ; 
law,  parliament,  knocking  of  brains  out,  hell 
and  damnation  (if  they  might  presume  so 
far)  were  to  be  the  cei-tain  fate  of  any  ona 
who  should  due  to  stood  Against  the  city^ 
as  they  called  it;  but,  diciumfaetumy  ruin, 
in  a  word,  wiasto  follow :  Andl,  to  do  them 
T^t,  they  honeatly  meafit  as  they  said, 
O 


l»6]     STA1«TIUALS,35CttiAli»lH.  l683v-^Triii/er3«Mi«*PtfMf«^    \}9S 


"  While  th«se  intimidatioDS  run  btgh,  the 
court  at  a  loss  for  a  good  uian,  Uie  citizeos 
busy  as  Ifcesy  some  persuading  others,  but 
none  iociined  to  stand,  cFer^r  one  wantiug 
courage  to  bear  the  brunt ;  sir  George  Jet- 
feries  the  I'ecorder,  or,  through  him,  some  of 
the  citizens,  insinuated  that  the  lord-kee|>er's 
brother,  a  Turkey  mercha;.t,  lately  arriv^ 
Aom  Constanttnoule,  i^nd  settled  in  London, 
rich,  and  a  single  person,  was  every  way 
qualified  to  be  sheriff  at  tliis  time,  in  case  he 
could  be  ure^aiied  with  to  stan((t  as  they 
hoped  miglit  be  done  by  the  lord-keeper's 
means,  if  he  .would  endeavour  to  persuade 
hiih.  This  extremely  took  with  tne  king, 
and  soon  set  him  at  ease ;  for  he  found  no 
formalizing  scruples  on  the  lord- keeper's 
part ;  and,  as  for  the  citizen,  he  lyas  made 
to  understand  that  there  was  no  hazard  at 
all.  For  when  the  government  of  a  citv 
calls  a  man  upon  an  office,  who  by  bis  oath 
of  freedom  is  hound  to  obey,  and  he  takes  it 
upon  him  and  peribrm^  it  honestly,  what 
has  he  to  be  afraid  of?  And  if  men  should 
regard  the  brutish  noi^e^ind  threats  of  vio- 
lent people  against  law  and  common  sense, 
&e  busiivess  of  the  world,  must  be  at  a  ftand. 
Ax^d  he  was  made  also  to  underst^d  what 
ai^  advantage  such  an  oppo^nity  waa  to 
oUifipe  a  king  who  bad  power  to  gratify  by 
employments  any  fill  persons,  sach  as  he 
was,  to  much  greater  profit  in  consequence 
than  sll  his  efttraordinary  charges.  And  it 
was  not  a  small  matter  to  gain  so  much  ho- 
nour and  repute  with  the  best  of  the  city,  as 
well  as  court  and  country,  as  the  standing 
«  stoutly  in  this  gap  vould  nrocove  him. 
These  reasons  got  the  better  or  the  ipudmish 
objections,  as  he  most  needs  make.  Nor 
were  these  brothers  miataken  in  their  o^ksy- 

'  lates ;  fqr  the  ^ve^t  made  good  aU  their 
vroffnostics ;  fi>r  no  Wjgle  person  in  £ng- 
sand  had  more  esteem  with  the  ki«Hr»  as  long 
as  his  roiyesty  lived,  than  Mv.  Du&y  North 
had.  And»  to  say  the  truth,  the  king's 
whole  design  and  prqject  was  perfectly  dos  • 
ed  by  this  oisdnguismng  pieue  of  sieivice  of 
Mr.Nirth.  For  he  desired  chieAyaiiaO' 
thority  ami  reputation  in  the  person  who  was 
to  make  good  this  necessary  passj  which, 
by  the  whole  faction,  was  most  mdustriously 
and  malicioualy  represented,  i^s  an  arbitrary 
project,  and  of  desperate  danger  to  wbora- 
aoever  should  stand  in  it  And  who  could 
pretend  that,  when  a  person  of  tliat  quality 
and  value,  and  so  well  advised,  stoocl  ? 
every  one  must  conclude  that  he  was  fully 
satisfied  of  the  law  by  which  he  was  safe. 
And,  as  for  himself,  he  was  of  a  peculiar 
temper  for  such  a  business;  for  being  used  to 
adtentiures,  and  having  run  much  greater 
hazards,  and  dealt  with  people  as  violent  as 
any  hor^  could  be,  if  he  was  once  satisfied 
of  ri^bt  mad  reason  in  any  business,  he  qsed 
to  shght  evenr  thing  else,  ^nd  say  that  good 
luck  attended  being  in  the  right 

^'  This  Mr.  N<»rth>  (alterwards  air  Dudley)  was 


bred  a  Turkey  merchant,  and  had  traded  at 
Smyrna,  but  passed  most  of  his  time  in  Con- 
stantinopie,  where  he  fell  into  muaintaoie^ 
and  vast  dealio£»  with  beys,  and  bashaws, 
and  other  great  omcers  of  the  Porte ;  and  had 
run  very  great  hazards  with  them,  but  had 
the  good  fortune  to  reap  the  profit  hf  ex- 
pected by  it.  He  was  very  quick  of  thought, 
and  no  less  sagacious  in  plumbing  the  tmth 
o(  thin^,  and  probability  of  events ;  which 
made  divers,  that  did  not  reach  his  lengths, 
wonder  at  his  bold  strokes.  He  made  justico 
the  rule  of  his  actions,  and  on  that  bottooi 
built  his  assurances ;  and  therein  he  seemed 
intrepid,  and  to  defy  all  opposition.  He 
never  used  tricks  or  subterfiiges,  and  haled 
them  in  others,  and  had  a  peculutr  antipathy 
to  a  false  knave ;  for  he  seldom  fell  into  a 
passion  but  when  such  crossed  him,  and  then 
he  had  no  j^tience,  but  let  fly  without  tern-- 
per  or  consideration ;  which  too  plain  deid-> 
ing  created  him  enemies,  and  some  great 
hazards.  He  was  a  frank  and  j(dly  mer- 
chant, familiar,  easy  and  jocose,  obliging  to 
all,  without  any  stiffness  or  pride ;  fneaiUj 
to  all  that  needed,  and  never  made  advantag* 
of  the  weakness  or  want  of  ezpcrieboe  <^ 
young  men,  but,  on  the  contrary,  assisted 
them.  He  had  a  goodly  person,  and  mind 
capable  of  sittingat  thehelmof  any  maoa- 
gery;  intelligent  and  facetious;  and  what 
they  call  a  Bon  CompM^non,  so  much  thai 
a  stranger  would  mistake  him,  as  if  he  wo^ 
fl;ood  for  nothing  else.  In  a  word,  he  was 
loved  and  caressed  by  all  that  knew,  and  did 
not  envy  hi^n.  He  Iwd  not  been.  lon|^  i» 
England  when  tiiis  trial  came  upon  him ; 
but,  in  that  time,  pursued  trade ;  for  which 
end,  he  settled  himself  in  the  city ;  apd 
coming  to  be  concerned  in  the  A&ican  oom^ 
pany,  was  chose  of  their  oommitteei  and 
there  soon  gave  a  demonstratUMn  how  fit  h« 
was  to  be  a  pilot  in  trade  of  any  magnitude. 
The  actions  and  fortunes  of  bis  life  wer^  so 
considerable,  that,  joined  with  the  character 
of  his  genius,  would  make  an  history  (if  one 
well  instructed  had  the  penninpf  of  it)  as  use- 
ful and  entertaining  as  the  lite  of  any  pri- 
vate person  whatever  -aight  be,  and,  lo-% 
wards  it,  I  have  thrown  in  this  mite,  which, 
to  all  other  purposes,  I  own  to  be  super- 
fluous. 
**  But,  to  resume  tlie  intended  relaiioa:  mat- 
ters being  thus  &r  concerted,  my  lord  noaror 
sent  his  cup  in  full  parade  and  form  to  Mr. 
North.  This  was  no  sooner  known,  but  all 
the  utillery  of  the  fac^on  was  pomted'*at 
him,  in  order  to  terrify  him,  and  Budce  him 
^e  off.  Most  of  the  factious  men  in  the 
city,  that  had  acquaintance  with  him,  espe- 
cially his  brethren  of  the  Turkey  Comp^y^ 
who  were  too  much  that  way,  took  their  op- 
portunities, more  or  less,  to  expostulate  ii^ 
discourse  with  him,  saying  why  wpuld  he  b« 
undone?  *  For  if  you,^ said  they,  *  taketlus 
'  office  upon  you.  upon  this  (at  heat)  dufaieaa 
'  title,  you  will  know  no  wd  of  law-sHiUs 


l«J      STATE  T1IIAL9,  S5  Chablbs  II.  l68dw-Miiil  Mtti,/ht  M  Koi.       [IJW 


'  aod  be  crmiiedl  by  Uie  pariouueat  to  boM ; 
'  ^Bd  wbal  nfety  ou  you  proiMMe  to  yoar- 

*  Mtf?*  Hk  awwer  oMd  to  be,  « I  am  a 

*  citben  swoni)  aad  if  the  fovwrnment  of  tbis 
<  dty  calls  me  upon  an  office,  I  will  obey, 
« ant  never  break  my  head  about  titleSw'  69 

pGed  with  penny  post  letters,  and  so 
his  nearest  fneiids  and  relttioQf.  Tbey 
all  out  of  pure  fiiendsbip  add  respect, 
wishine'  those  peraons  wouki  interpose  to 
rescue  tiim  from  ineritable  rain.  Tkeywvn 
so  maliciooB  to  find  out  sir  Robert  Caim  at 
Bristol,  firtber  of  the  lady  Ounniof ,  whom 
he  than  oonrted,  and  wrote  to  bum  to  let 
him  know  that  bis  daughter  was  goin^  to 
throw  hcnelf  away  upon  a  map  of  a  despe- 
rate ^Mtune,  and  tbat  would  certain^  be 
hanf|«d ;  and  he  resented  it,  but  the  lady 
knew  b^ter ;  so  by  firtue  of  his  good  stars, 
that  blow  miaseil  its  effect.  And  what  was 
mat  extraordinary,  Was  thit,  dnring  all  the 
time  of  the  brigoes  in  the  city  cAiceming 
him,  and  both  town  and  country  ranr  of  his 
name,  which  was  also  bandied  idMut  in  mul- 
titudes of  pamphlets ;  he  went  tbout  his 
business,  and  diverted  himself  just  as  he 
used  to  do,  and  minded  the  stirs  no  more 
than  if  they  had  not  ooneemed  him.  He 
was,  by  common  talk  and  pamphlets,  made 
so  reniBrfcabie,  that,  whererer  he  went,  peo- 
ple started  out  of  the  way,  lookinff  at  bun, 
and  crying '  That's  he.'  AH  which  did  not 
keep  ban  within  doors,  or  from  his  ordinaiy 
walks.  Which  seeming  apathy  brought  hhn 
letters  and  intelligences,  that  ae  was  stuiwd, 
a  dull  beast,  and  his  name  should  be  Bfind 
Bayard. 
^  Once  a  trap  was  bud  for  him  by  way  of 
abam-nhit  An  eminent  busy  party-man, 
with  whom  he  had  concerns  depending,  came 
to  him  with  a  proposition  mm  the  whale 
adrerse  party,  whieh  was,  that,  if  he  would 
wave  my  wtd  mayor's  appointment,  and 
take  the  dection  from  the  common  hall,  he 
should  be  chosen  by  them,  and  all  tbeeharre 
of  his  abnersHv  should  also  be  defrayed  by 
that  pm^>  wno  would  raise  the  money 
amoB^  them  to  do  it  This  he  rejected 
with  mdignatwn  and  scorn ;  and,  being-  one 
very  modi  indined  to  conmmiicate  truUis, 
'wnes  ot  telling  this  passaae  in  sil 
I,  so  far  as  to  declare  the  rail  im- 


port of  the  proposition  made  him,  hot  not  by 
whom :  ana  so,  taking,  wind,  it  flew  about 
the  caty,  and  proved  very  prondicial  to  the 
of  the  faction  at  that  time.    F6r 


whieh  cause  they  were  wonderfuUy  angry ; 
1f^  ooee,  at  a  public  feast  in  the  dty,  an 
"  ^mmrnf  leader,  by  agreement  of  the  party, 
hm  I  si^pooe)  pnbodv  chamd  him  to  name 
■is  author,  ad^pf  tnat,  it  he  did  not,  the 
whole  alory  woiud  be  accounted  no  better 
Iban  his  ofsnt  invention.  He,  being  thus 
attMhsd,  fredy  aad  readily  affinned  the 
pMnigc  to^be  true ;  and,  as mr  naming  the 
serson  that  nsade  the  offer,  for  reasons  re- 
miBg  ta  the  pencD  himseli;,  be  waa  Bot  for- 


ce 


ward  to  do;  but,  if  thsr  hmtedoo  it,  ha 
would  faistatttly  declare^  before  all  that  com- 
pany, wlio  h  was.  Tbis  pot  a  stop  to  the 
discourse^  and  no  woni  more  was  said  of  it ; 
for  tbey  knew  he  was  not  used  to  be  worse 
than  his  word ;  which,  perhaps,  of  a  bad 
busimm,  might  make  it  worse.  1  knew 
then  tbat  it  was  one  Fairclotb,  a  formal 
Presbyterian  usurer,  and  a  great  intriguer. 
His  son  waa  then  mercantile  ser^'ant  to  Mr. 
North,  and  was  afWwards  settled  by  him 
inbisfactorvhouseatConstantinopie.  Tbat 
person  bad  an  easy  access  to  him,  and 
brought  the  proposition,  which  was  a  mere 
snare ;  for,  if  he  bad  inclined  to  accept  it, 
the  report  had  6own  abont  tbat  he  was  sdl- 
ittg  himsdf  to  the  other  side  for  money ;  and 
that  was  aU  the  party  intended  by  the  expe- 
riment. But  all  dreumstanoes  conspired  to 
shew  the  implacable  raire  tliat  possessed  the 
faction  at  the  noniinatiob  of  him  who,  of  thf 
whole  freedom,  was  the  only  person  quali- 
fied to  resist  tbem.  His  character  and  cir- 
cumstances were  as  if  they  had  been  east  in 
a  mould  for  that  purpoae :  so  exactly  were 
they  formed  for  an  on'posilion  and  counter- 
work to  the  whole  game  of  the  faction:  and 
ao  mudi  fiercer  were  t^ej  in  all  their  me- 
thods of  proceeding.  And  aooordin^y ,  diey 
provided  a  mighty  muster  of  their  nvery 
par^,  against  the  34th  of  June  next,  at 
Guifdbill :  the  other  side  provided  also  th# 
greatest  strength  of  vdees  mey  could  make. 
The  candidates  of  the  latter  were  North  and 
one  Box,  the  former  for  confirmation,  and 
the  other  for  efec^n:  aad  ^  party  had 
Papilion  and  Dnboia,  both  to  be  chosen  in 
opposition  to  the  lord  mayor's  pretension, 
which  thfi^  were  determmed  to  fly  in  tha 
face  of  and  reject  Thus  stood  the  prepa- 
ratives against  the  day  of  decfion. 
Now  the  manner  or  prooeeding  in  these 
eat6esj  at  die  common  baH,  is  very  patrtiedar, 
and,  aa  was  touched,  conssnaat  to  the  ddm 
of  my  lord  majror.  For  be,  nith  bis  alder- 
men, is  present  only  at  the  opening  of  the 
court,  and  question  of  confirmation,  and  then 
they  retire ;  which  is  to  the  end  that  the 
common  hdl  might  be  free  in  choosing  one 
of  tbemsdves,  whieh  fVeedonoi  the  presence 
of  the  mayor  might  impeooh*  Now  in  case 
the  floor  wiH  not  oanfirm  the  mayor's  she- 
riff, he  is  not  bound'to  continue  them  any 
longer,  but  may  dissdve  or  adjourn  them, 
or  not  lufree  to  any  thing  they  do.  That, 
whidi  the  faction  insisted  on,  carried  a  fiil- 
lacy  throughout ;  for,  sdd  the^,  the  autho- 
rity, given  by  the  choice,  is  from  the  dty, 
and  the  act  of  the  lord  mayor  is  not  the  act 
ef  the  city ;  and  so  they  harped  upon  the 
word  Choose  I  wbich,  sud  they,  did  not  be- 
long to  the  lord  mayor  bat  to  the  dtjr.  All 
tfiat  was  gtunted,  and  also  that  ths  new 
sheriffs  had  no  authority  till  the  whole  city 
in  common  haH  agreed  to  them.  And,  how- 
ever tlie  lord  mayor  nominates,  it  is^  prs- 
tended  to  bvashdos,  or  ky  virtuaof  a^ar 


J991    STATE  TRIALS*  3^  Charlbs  II.  lfi8d.— TitcZ  o/'TXmim  Pilkingtmi    [20O 


invested, '  as  granted  hy  him,  nor  that  it 
stands  for  any  thin«jr  if  the  common  hall  doth 
not  confirm.  But  then  the  lord  mayor  is 
not  bound  to  coacur  in  any  choice  they  shall 
make,  till  they  noioinate  to  him  persons  that 
he  shall  think  lit  to  trust ;  and  he  is  no  more 
boitnd  ta  a<^ree  vfith  them  than  they  with 
him :  and  so  t^ntered  the  custom  by  way  of 
composition  or  expedient  (as  I  said  betore) 
which  if  they  ^y  from  on  their  parts,  he  be- 
takes to  his  nepEitive  voice  on  his  part.  But 
yet  the  abuse  of  the  words  Choice !  Nomi- 
nation r  Right!  and  Authority!  all  which 
being  applied  to  the  ci^  exclusive  of  the 
lord  mayor,  sunk  so'  with  the  citizens,  that 
few  of  them  could  brin^  their  heads  to.  a 
true  state  or  distinction  of  the  matter.  For 
they  look61  upon  the  common  hall  as  an 
assembly  of  commons  with  a  speaker,  as  if 
be  had  only  a  presidentship ;  whereas  it  is 
r^hcr  like  a  narliamenit  with  a  sovereign, 
and,  instead  ot  a  casting  voice,  as  they  call 
i^  there  was  a  negative  voice,  .which  alters 
tlie  matter  strangely.  So  very  difficult  was 
it  to  get  the  citicens  to  comprehend  the 
reason  and  distinction  upon  which  the  lord 
mavbr's  right  depended ;  and  it  went  farther 
witn  them  that  the  custom  had  been  soj  and 
an  act  of  common  council  had  declared  it, 
than  that  there  was  any  consonance  or  rea- 
son at  all  for  it 

«  At  the  day  of  eleetion,  June  S4,  1682,  the 
}iartv,  after  the  way  of  their  predecessors  of 
old  Home,  had  possessed  the  Forum,  that  is 
the  floor  of  GuiMhall,  so  that  the  other  side 
<iOuld  not  croud  in ;  for  the  livery  had  been 
so  mack  enoreused  that  the  hall  would"  scarce 

.  hold  half  of  them;  This  bred' a  sort  of  con- 
fusion at  first,  with  the  elbowing  and  tluiist- 
ing  to  get  room,  and  not  without  a  deal  of 
snarling  an4  scolding  amongst  them.  Those 
pmons,  thi^t  could  get  upon  th^  hustings, 
as  I  difl,  and  from  tiieac?  viewed  the 'floor 
below,  had  a  prospect  as  if  tire  hall  had  been 
|Hivcd  with  m»8,  and  full  of  eyes  sparkling, 
not  unpleasant  to  observe,  n  hen  the  lord 
mayor  and  aldermen  were  come,  the  com- 
mon ofiicei's  put  the  <}uestion  erf  confirma- 
tion ;  and'theo,inainoe,  those,  that  were 
tor  it,  hel^  np  thVir  hands  (fi>rtbatis  the 
signal  of  assent)  with  arms  and  fingers  dis- 
tended, all  in  a  continual  motion  together, 

V  which  made  an  odd  spectacle :  but  the  dis>- 
senters,  who  were  much  the  greater  num- 

.  ber,  iu'stead  of  holding  up  hands,  screwed 
their  faces  into  numbness  variety  of  No*s ! 
in  such  a  sour  way,  and  with  so  much  noise, 
that  any  one  wonM  have  thought  all  of  them 
iiad,  in  the  same  instant  of  ti^ie,  been  pos- 
aasted  with  some  malign  spirit  that  convulsed 
fheir  viitages  iu  that  manner.  Tliis  was 
token  for  »  refusal,  as  it  was ;  so  the  lord 
Mayor  ^nd  his  eonrt  retired  to'oonsider  what 
was  to  be  done  ?  and,  as  he  passed^  with  the 
•worri.  before  him,  throngh  the  croud,  we 
eonkfr  observe  the  items  of  iftn-y  given  by  fists 
and  &ost  at  Iu2n»  as  folks' aw  apt  to  do  when 


i4 


U 


they  threaten.  This  promenade  was  done 
more  than  once,  to  see  if  the  hall  would 
come  to  their  wits,  and  agree  to  donfinn  ; 
but  the  partv  were  no  changeling*,  every 
trial  came  off  rather  worse  than  h^ter.  At 
len^h  the  lord  mayor  acjiouroad  the  belly 
and  no  more  was  done  that  day.  And  be- 
cause'great  part  of  the  dispate  tdl  npon  that 
adjournment  of  my  lord  mayor's,  and  there 
was  notable  stir  alnrat  it,  I  shall  add  fome- 
what  relating  to  it. 

When  the  hall  was  at  a  full  atop,  for  refus- 
ing to  confirm,  and  the  court  of  aklennen 
was  sitting,  the  citizens  were  adnfiitted  to 
come  in,  and  at  the  bar,  to  ofibr  what  ihfy 
thought  fit  to  the  ooort^  each  paiigr  for  lus 
side;  and  notable  wrangling  there  was.  My 
lord  mayor  was  advised  to  adjourn  the  beUy 
the  faction  opposed,  saying,  '  he  bed  not 
*■  power  to  break  up  the  assembly  till  the 
*  election  was  finished.*  In  those  days,  no- 
thing <^uki  be  so  much  contrary  to  law  and 
ooramon  sense,  wliiclt  they  wpmd  not  affirm 
to  serve  their  turn ;  of  which  1  may  hare 
touched  some  instaneas,  but  this  was  en 
^regions  one.  All  the  aldermen  bnt  Are 
^lor  no  more  were  fiictions)  advised  to  4d- 
journ;^and  so  the  matter  rested  in  dispitte 
amongst  them  a  good  while.  At  length,  one 
of  the  dissenters  moved  the  lord  mayor,  Uiat 
they  might  bring  counsel  to  argue,  who 
would  satisfy  hisTordship  he  had  not  power 
to  adjourn:  The  other  side  agreed,  so  as 
th^^y  might  send  for  counsel  to  argue  on  their 
side,  who  would  densonstrate  the  contrary. 
It  was  upon  this  first  day  that  oomisel  were 
brougiit,  but  the  author  makes  an  hearing  of 
counsel  to  have  been  upon  another  day ;  and, 
not  having  access  to  original  entries,  1  tie  not 
dispute ;  but,  as  to  the  matter  I  here  rdale, 
I  am  very  sure,  and,  for  times,  refer  to  the 
proper  registero.  It  may  be  that  counsel 
was  heard  afterwards  at  my  lord  mayor's 
house  privately,  when  I  was  not  in  the  way  ; 
for  the  question  continued;  so  as,  for  more 
hearin^n  than  one,  I  contend  not.  In  the 
interim,  before  dio  counsel  came,  the  eourt 
was  diverted  by  the  partisians  on  both  sides, 
with  numerous  compkiinta  of  each  other's 
outrages  and  irregularitieB,  which  were  exacr . 
gerated  with  mat  violence  of  talk;  Aid, 
all  that  while^Uie  poor  lord  mayor  sates  one 
almost  insensible  ;  so  full  was  be  of  doubts 
and  fears.  But  it  appeared,  by  his  actions  af- 
terwards, that  he  was  firmly  resolved  in  liis 
mind  to  assert  his  right,  so  long  as  theeoort 
of  aldermen  stood  by  him  with  their  advice, 
and  the  court  at  Whitehall  sustained  hla 
against  imuries  that  might  be  done  him. 
This  was  Midsummer  work  indeed,  extreme 
hot  and  dusty,  and  the  partisans  strangely 
disordered  every  way  with  cn»oding,  bawl- 
ing, sweatbg,  and  dust;  all  full  of  aiujer, 
seeal,  and  filth  in  their  faces  ;  they  ran  sooQt 
up  and  down  8taira,.so  that  any  one,  not  better 
informed,  woukl  have  thought  the  place 
rather  an  huge  Bedlam,  than  a  AMvting  ler 


M]      STATE  TRIALS,  i5  Charles  II.  l68d.— amf  oikera^fir  «  AM.       [203 


ml  biinanB*    Aii4yet,  imd«r  •neb  an  awk- 
mrt  ftee  of  affairras  this  was,  the  ftite  of  the 
&i|(tiA  goTanancDt  ani  monarcby  depended 
(hi  too  modi  ontlMensit  orsodemt  an 
asMiriiiy.  And  indeadh  was  accordingly  ao- 
dendDocf;  fbrit  isdiol  small  maitoffr  thai  will 
raise  aQoh  foriona  faarncane  doings  as  here 
.    And  the  oonit  was  aware  ;    for  care 
liken  thtt  divers  considerabie  persons, 
«}f  the  ^uncil,  should  be  near  at  hand 
to  otoerre  the  proceedings,  suppoM  the  spti-its 
of  ike-kint  nnyor,  and  enCoarage  the  loyal 
dliSBna^  and  that  they  n^ght  have  recourse 
sad  direetionB  as  oocasbns  emerged ;  bat 
this  was  known  to  Tery  few.    And,  on  the 
other  side,  feotions  lords  and  others  attended 
that  bad  nothing  to  do  there.    It  may  be 
wondererfthat  such  a  contest  as  tikis,  con- 
sidering  abo  what  was  at  the  bottom,  did  not 
nm  on  to  blood ;  but,  as  at  the  tumults,  so 
here,  the  temper  of  the  English  appeared, 
which  I  may  call  a  native  humanity,  thouj^h 
the  foreig;ner8  term  it  dobiess  and  phlegm. 
They  bave  an  aversion  to  civil  homtade,  but, 
in  war,are  as  free  with  lives  as'the  beet  bf 
(hem ;  and  yet,  even  there,  the  same  humor 
a|ipeaffs,  for  no  command  will   make  the 
fingliBh  refuse  quarter,  or  kill  in  cold  blood. 
But  then  as  for  foction,  crowd,  tumuH,  and 
brawl,  let  them  alone  ;  il.is  a  sort  of  sport, 
or  lost  of  change  that  niad^es  them  deligotto 
•see  hfigh  things  fall,  and  their  government  in 
distress.     In  which  matters  I  may  commend 
tbeir  temper,  but  not  their  wisdom. 
**  But  digressions  anart,  and  to  return  to  the . 
trial  of  this  proroond  question  of  the  lord 
mayr>r*s  power  to  ac^um ;  First  Mr  Pdl- 
kKfen,  argued  contra  ;  and  he  built  only  on 
•parallel  he  made  between  the  common  hall 
or  the  city  and  the  ordinary  county  courts, 
held  by  the  sheriffs  of  counUes ;  and  so  the 
common  hall  must  be  the  city  county  x  court, 
end  the  lord  mayor  be  as  the  sheriff,  only  to 
preside  hut  not  to  judge,  because,  in  aH  those 
oomts,  the  soitin?  are  judges,  and  here  the 
Kvery  men  are  the  suitors,  and,  without  their 
eoBseot,  the  lord  mayor  can  no  more  ad- 
joom  the  court,  than  thesheriiTof  a  county ; 
but  it  must  be  done  by  the  livery  ;  and  all 
this  he  confirmed  by  the  place  where  the  Hus- 
tings, which  is  the  court  of  pleas  for  lands  in 
^  city,  IS  kept    On  the  other  side  sir  Ro- 
bert SAwver,  the  attoniey  general,  came  to 
snswar  all  this  obvious  nonsense.    First  he 
shewed^the  place sigmfied  nothii^  to  the  Ju^ 
riadklimi ;  for  bnrgeases  to  the  paiiiaraent 
for  Westminster  are  often  chosen  in  the 
Kmg's-befich  court,  but  it  is  not  the  juris- 
dictiOB  of  the  King's-bench  that  chooses : 
Then,  thai  this  assembly,  called  the  co^ 
men  ball,  is  so  Ikrirdkn  being  like  a  county 
conit^tlmtitisnocourtatall,nor  hath  any 
namerof  jufisdietion;  that  it  was  no  other 
Wt«  privnte  meeting  of  the  corporation  of 
the  aty  for   pure   corporation  -  work,  the 
cfaooaing  officers.    And  the  lord  mayor  being 
bead  of  the  eerporation,  wiftw>ut  whom  no 

4 


« 


asM»nUy  of  the  c6rponte  body  eoald  snbijjit, 
or  corporate  act  be  done,  he  was  also  head 
of  this  assembly,  to  call,  adjourn  or  dissolve 
it,  as  he  thought  fit.  And  concluded  ^at 
all  the  other  side  had  alledged,  of  county 
sherifis,  tuitois,  judges,  Ace.  was  all  romance 
and  invention*  and  in  no  respect  apphcable 
to  this  assembly.  All  this  while,  the  par* 
tisans  were  ragmg  about  the  hall  and  rooms ; 
and  divers  (out  of  friendship  as  was  pre- 
tended) gave  hints  that  my  lord  mayor  would 
not  be  safo>  if  he  went  down  to  adjourn  them  } 
and  that  was  to  tright  him  from  taking  a  re* 
solution  so  to  do ;  and  they  scarce  l^ieved 
he  would  dare  to  do  it.  At  length,  it  becom* 
ing  necessary  to  termkiate  the  matter  one 
way  or  other,  the  lord  mayor,  on  a  sudden, 
and  unexpectedly,  rose  up  and  bid  the  officer 
take  up  his  sword  and  go  dOwn,  saying,  aa 
he  went  oflT,  IT I  die  I  die.  And,  passing  the 
crowd,  took  his  seat  upon  the  Hosting8»  and 
commanded  the  common  seijeant  to  adjourn 
the  hall  to  a  time,  which  was  done,  but 
scarce  heard  for  the  hideous  noise  that  was 
made.  Alter  this,  Uie  lord  mayor  and  the 
rest,  that  so  thought  fit,  went  their  several 
ways  in  peace  ;  and  there  ended  this  trou- 
blesome scene  of  a  Midsummer's  day's  ex- 
pectation 

It  was  very  strange  to  observe  the  impu- 
dence of  these  men  of  the  faction  in  Lon- 
don, who  still  persisted  iji  the  senseksei  pre- 
tence that  the  lord  mayor  couhl  not  adjoom 
the  common  hall,  though,  to  every  one's  ca- 
pacity, it  was  solemnly,  not  only  confuted 
but  shamed :  and  they  would  not  quit  a 
scruple  to  ease  my  lord  mayor,  but,  to  their 
folsie  pretences,  added  menaces.  For,  as  he 
passed  to  the  adjournment,  there  was  a  ter- 
rible mge  of  faces  made  at  him,  as  if  an  en- 
diablement  had  possessed  them  all.  Whoi 
Iche  mayor  and  officers  were  gone,  the  twa 
precious  sherifis,  PiOdn^n  and  Sliute,  with 
some'  livery  men  of  theur  party,  thought  fit 
not  to  obey  the  lord  mayor's  'afj^oumment, 
but,  by  themselves  and  all  their  ovm  aotlMh* 
rity,  held  on  the  corporatkm  assembly,  or 
the  common  hall,  as  tney  then  called  it,  and 
there  they  proceeded  to  continue  the  electloii 
by  setting  up  a  poU;  and  afterwards  they 
finally  declared  the  choice  to  have  fallen 
upon  Papihon  and  Dubois,  as  will  be  shewed. 
Here  ap|)eared  an  headstrong  disposition, 
but  not  a  grain  of  judgment,  in  those  who 
governed  the  sheriffo.  They  little  under- 
stood the  nature  of  the  shenfFs  office,  who 
took  the  Vioecomites  to  have  any  autlioii^ 
at  all  in  the  corporation  affairs,  or  to  be 
officers  at  all  of  the  corporation.  It  is  true 
the  corporation  have  a  nght,  by  charter,  to 
nominate  them  ;  but,  being  nominated,  ^ey 
are  the  king's  officers,  a^  was  said,  to  at- 
tend on  the  authority  of  the  dty,  and  keep 
peace,  as  all  sherifis  are  attendant  upon  all 
authorities  in  iurisdiction  derived  from  tiie 
crown.  A  body  politic  presents  to  a  living  ; 
the  incumbent  is  not,  by  that,  a  ser^nt  to 


do?]    STAT£TeiALS,S5  Charles  U.  \6HS.^Hnalofnoma$ 


m    tSt04 


the  My,  |i»  if  be  were  tbeir  cbapUin. 
Therefore  Ibis  act  of  ibe  sheriffs,  io  aetting 
up  tbeipaelvts  to  praaide.in  a  corporate  as- 
sembly, not  only  witboat,  but  against,  the 
order  of  tba  bead,  apd  in  difect  opposition 
.    to  him,  was  the  most  audacious  blunder  that 
ever  was  know*.    But  then  the  actual  en- 
jdeayour  tberebT  to  impose,  not  onl^r  upon 
the  city  of  Ijonoonbut  upon  the  king  himself, 
officers  of  the  peace,  ana  royal  revenue  in  the 
ci^,  wa4  not  only  foolish  but  desperate,  as 
done  bv  ovadmen,  and  could  be  made  good 
by  nothing  but  sword  in  hand.    And  what 
could  be  expeeted,  but  that  the  geremment 
ahould  resent  it  witli  all  posdUe  rigour,  as 
ibr  an  offence  next  to  hieh-treaeon  ?  There- 
fore one. may  conclude  that  it  was  not  Uind- 
ness  only  that  caused  this  detestable  pass  to 
be  made,  so  much  against  common  sense, 
.    but  some  dismal  reserves  which  they  had 
and  relied  on,  to  divert  the  obvious  conse- 
quences, as  must  iall  for  daring  to  usurp  so 
great  a  power.   But,  whatsoever  those  were, 
they  failed  at  this  time ;  for,  upon  informa- 
.    tion  above,  upon  oath,  of  this  fact,  warrants 
issued  from  tne  king  in  council  immediately 
to  take  up  the  two  sherif&  and  their  com- 
plices, in  order  to  be  prosecuted  at  law  fbr 
this  extraordinary  and  dangerous  riot*    And, 
if  they  or  their  party  had  made  any  stirs  or 
resistance,    there   was    force    enough    at 
.  hand  to  have  executed  the  warrants  effec- 
tuall)r ;  and  for  that  reason  the  arreiit  was 
submitted  to. 
<*  If  ona  would  consider  this  affair  in  the  mild- 
est terms,  it  may  be  iudged  that  the  faction 
relied  chiefly  upon  the  parliament,   which 
.   was  expected  to  be  soon  called  and  te  meet, 
.  for  justifying  them  and  criminatinff  the  other 
.  party.    For  they,  as  was  noted,  bad  calcu- 
lates of  elections,  and  knew,  by  their  rote  of 
,   piogvession,  how  much  the  next  sessiona  of 
parHament  must  be  more  averse  to  the  court 
tluui  the  last  was :  and  so  they  concluded 
materer  they  did,  must,  in  the  end,  come 
jogbt.     This  is  the  model  of  Forty  One 
.e^csfitly :  tbooe  times  began  with  like  nrawls 
.  in  the  dty,  and  the  same  iiyustioes  and  op- 
pienion  wer»  intended   to  be   acted  over 
a||ain.    But  it  Is  so  far  certain,  viss.  that  in 
tms  view,  they  were  open  and  clear ;  mak- 
ing no  oeramony  of  declaring  what  the  next 
parliaBMDt  was  to  inflict  upon  their  adver- 
^laries,  whatever- else  the^'  might  hold  unde- 
clared in  petto.   And  their  pe^etual  harping 
upon  this  string,  and  the  proceedings  against 
the  abhonrer»  being  reeenl,  had  really  made 
thnpeoplegeneraUy  bdieve  that  tUngs  wovld 
ba|ipen  as  they  said,  and,  li^  or  wrong, 
tb^  should  .crash  aU  tbeir  opposers.     But, 
in  the  mean  time^  we  must  a  littfe  lyaiwlion 
their  policy  with  lespect  te  the  persona  active 
at  present,  in  both  eniaging,  and  then  giving 
the  ig^vemiiient  in  possemion  (if  I  may  so 
teopa  it)  such  apparent  advantag^  of  them  ; 
und  40|  takiag  ^  miseftUe  defensive,  depoiid 
vpei^  anaftaig|tai«ili9kCau49M»tlikeIyvin 


J9ue  and  the  Mose  age,  to  run  open  the  taiiM 
chances^    Bet,  whatever  were  thchr  politie 
reserves,  the  government  did  net  take  these 
dmngs  for  boys  play,  as  a^piibe  and  oackerB, 
but  as  a  bold  attempt  upon  the  antfaority  of 
the  dty  and  nation,  and  very  neoessary  to  ha 
made  eawmplary.    Among  theae  thai  werv 
committed,  there  were  some  not  citiMiin, 
but  party  men  at  large,  and  of  no  smatt  ac- 
count; as  for  instance,  the  lord  Qtey  of 
Work.    These  did  not  attend  wbere  they 
had  nothing  to  do,  in  order  to  have  BOthing- 
to  do ;  tibiey  .were  screwing  np  matters  to 
their  model  of  public  distumnoes,  as  con- 
sequences shewed.    These  persons  w«nt  to 
the  Tower,  and,  upon  Habeas  Corpus  were 
bailed,  and  afterwrn  prosecuted  by  an  in- 
formation; whereupon  the  issue  was  tried 
in  the  city,  uid,  upon  a  long  and  clear  evi- 
dence, the  parties  were  convict  and  flned  ; 
but,  considering  the  nalure  of  the  otfeooe, 
and  quality  of  the  persona,  very  modorstdy. 
They  were  forced  to  paytbenr  fines,  hot 
were  so  sanguine  to*  look  upon  them  as 
money  put  out  to  interest  to  be  repaid  prin- 
dpal,  interest,  and  charges  o^lof  thees« 
totes  of  thdradFeraaries  hy  an  after-game, 
as  I  shall  shew.    But  I  have  run  diis  Dun- 
ness  of  die  audacious  riot  to  this  end  here ; 
but  we  shall  hsar  more  of  it. as  we  go 
along. 
<^  As  soon  as  the  sheriff  were  come  oat  upon 
bail,  like  nlen  svderated  to  foUy,  they  took 
up  the  game  where  they  left,  and,  at  a  day 
or  adjournment  of  the  common  law,  resum* 
ed  their  poll  by  themselves,  at  the  other  end 
of  the  ball,  apart  from  the  lord-mavor's  as- 
sembly.   For  he  with  the  court  of  aldermen, 
was  sometimes  upon  the  hustings,  and  some- 
times in  the  court,  puzzled  with  the  difficul- 
ties in  settling  this  matter  of  the  choice  of 
sberifis ;  and,  before  any  thing  was  done, 
the  then  sherifls  came  to  a  dose,  and,  in 
the  hall,  publicly  dedared  the  election  tofali 
upon  PipHion  and  Dubois ;  that  is  to  say, 
they,  as  mayor,  aldermen  and  dtizenaof 
Ijondon,  had  deposed  the  lord«-mayor  and 
aldermen,  and,  by  a  party,  dedarrd  an  act 
of  the  whole  corporation.    But  now  there 
was  a  new  Affieuky  starM,  and  mv  lord- 
mayor  waa  attacked  with  new  doubto  and 
scruples ;   for,  add  they,  '  Here  are  tsro 
shertis  deelared,  who  are  in  pofocs^aon  of 
their  election,   and,  whatever  yo«  might 
have  done  heibre,  you  cannsi  make  a  ny^- 
dection,  and  thereby  set  up  anti-sherin  of 
London.'    And,  in  very  sebar  earnest,  most 
indifierent  ]^e<^,  wheoe  heads  did  not  lie 
for  distiagutshuig  mattera  of  order  and  con* 
stituiion,  thought  that  the  dty  8heiiflb,'in 
taking  a  poUv  wcfo  not  nunastsrs  bwfc  jwdges 
of  tlw  deotion,  and  believed  that  now  the 
lordrmayoi's  oase  was  nrodi*  wane  dian 
before ;  attd  so  was  the  onrreni  eanodt  of 
the  town.    Dnriiw  this  interval,  the  lard- 
mayor  waa  aent  for,  ar  went  of  himadl^  to 
cQiwt,  and  ayfeared  before  the  kinginr«oii«« 


tOS]      STATE  TRIAXJ,  35  CMaalks  IL  l689.^wMif  MlUriJ^r  a  Bint.       [St(£ 

<A,  wh«ve  .«»  •CQ«qnl  was  gifcn  to  his  ma- 

jaty.  of  tile  trosMe  tlie  city  was  in  almiit  the 

deddoD  of  sheriffs  upon  the  declaration  these 

men  had  diede  of  aa  election.  AU  the  learn- 
ed at  die  boaidy  and  ^e  king's  attorney, 

dedaved  thai  the  prooeeding  of  the  sherins 

was  no  act  of  the  body,  kmt,  as  to  kgal 

effiect,  ahsohHeW  null ;  but  yet  criminal,  as 

bein^  done  witnout  and  against  lawful  an- 
.  thonty.    And  that  the  lord-mayor,  the  head 

of  the  body  that  was  to  elect^  could.aloue 

direct  and  declare  the  election ;  and  ^Mt,  at 

the  neact  meeting  of  the  oommon-luJl,  he 

oofi^tto  proceed  de  ifUegro^  as  if  nothing 

bad  been  done ;  as  their  nscis  whensherifiv, 

diosen,  fine  off.     The  qnestioa  depended 

wholly  npon  that  of  my  lord-mayor's  power 

to  a4|oum  the  common  hall ;  and  sir  John 

Moore  was  eztnpmely  dimatiiified  and  uneasy 

about  that,  being  what  divers  citizens  hsd 

told  him  he  could  not  do.    The  lord  chief 

jiutioe  Nordi,  a  privy  oounssUor,  was  so  far 

frnm  making  any  doabt  of  that,  that  he  said 

to  my  lord-mayor,  he  need  not  be  at  all  con- 
cerned ;  for  the  question,  was  irivotous  and 

HDpndent,  or  to  that  effect.    Thereupon  sir 

Jonn  Moore  caKft  towards  the  place  where  his 

hyrdship  sat,  and  with  a  most  submisa  coun- 
tenance, desired  to  know  of  hia  lordship  if 

lie  woidd  be  pleased  to  give  it  under  his 

hand,  and,  contrary  to  the  expectation  of  all 

present,  his  kvdahip  said  yes ;  and»  takinj^ 
'  the  jMB  and  naper  before  himj.  wrote  bis 

i^musn,  that  the  lord-mayor  had  power  to 

a^nm  the  common  hall  to  what  time  and 

plaoa  in  the  ci:^  he  thought  fit,  or  to  that 

etfect,  audft  settmg  his  huid  to  it,  gave  it 

to  sir  John  Moore.    Now  the  courtiers,  that 

woPt  more  nned  to  sneakers,  than  to  men  of 

dear  courage  in  a  dear  cause,  esniepled  his 

lordship  would  have  shuffled  off  mis  setting 

hjn  fanad ;  but  the  readiness  of  doing  it  verv 

much  confirmed  sir  John  Moor,  and  exoetii- 

iagiy  pkasiBd  the  king* . 
f  Bat,  tor  the  better  counteonnoe  of  sir  John 

Bfome,  it  was  thought  fit  that  his  majesty  in 

council  shoidd  order  him  to  do  bis  duty  in 

tiie  mty ;  and  themopon  an  order  was  made  i 

that  M  should  ptococd  to  the  election  of 

aberiffii,  according  to  the  ancient  usages,  of 

^le  city.    This  mer  the  author  inserta,  in 

the  nenr  words,  into  his  History,  intoning 

that  it  snould  seem  as  if  the:  d^  affairs  were 

smvemed  wholly  at  Whitehall:  whereas  ne- 
tting is  more  usuaL  than  for  the  long,  by 

svder  cfprodamation,  to  enforoe  laws,,  and 

mnire  magistrates  to  do  tiidr  duty  accord- 
ingly ;  and  this  wan  no  more.    Then,  at.  the 

day,  to  which  the  common  hnU  was  ad- 

jonnied,  the  fiM^on  threw  up  and  made  no 

appearance,  having^  as  they  thought,  and 

iatended  to  insst  upon,  sheriffs  of  ttar  own ; 

so  the  qoastion  of  confirmation  waa  pot  and 

csrriod  affinmatiyely,  and  then,  ^r  the  dec- 
lion  of  sv  Balph  Boxt  which  wia. carried 

dso.    But  B#K  wan  inglited  at  the  double 

ttonw,  far  .m  it  waatarmod^  and  tha^  dis- 


putaa  with  these  Anti^sheriA,  as 
happen,  and  so  fined  off;  and  then  sir  P^ 
Rich  was  chosen,  and  the  dactkin  dechffed 
for  North  and  Rich.  It  was  wondered  at  by 
many  why  the  fiiction  did  not  interpose  to 
trouble  this  lattsr  election,  and,  as  they  might 
haye  one,  joined  one  of  their  own  party ; 
for  it  mi^t  (and  really  it  did  so^  happen  that 
a  Iriend  m  a  corner  had  been  of  great  service 
to  ^em.  But  they  considered,  wisely 
enough,  that  it  was  better  to  stand  the  after- 
game in  parfiament,  which  would  make  dear 
work,  and,  in  the  mean  time,  not  hurt  their 
title  to  two  sheriffs  by  coming  in  for  one ; 
and,  if  they  did,  their. officer  would  have  a 
sour  time  of  it,  having  the  courts  the  law, 
and  the  officers  against  them,  for  the  latter 
would  certainly  obey  my  lord  mayor's  she- 
riff. Besides,  North  was  a  person  so  deter- 
nuued  and  resolute,  and  withal  so  well  ad- 
vmA  and  supported,  that  nothing  bat  blown 
would  be  got  by  contest  with  him.  B^t  all . 
this  was  reasonmg  in  the  dark,  for  the  Rye 
Conspiracy  was  scarce  formed ;  ami  they 
dreamt  nothing  of  such  a  discovery  to  ooma 
upon  their  pwty,  as  foUowad;  dse  they 
would  have  had  a  fiiend  in  a  cosner,  to  bo  a 
spy,,  at  least,  in  the  enemies  yiafiem.  But, 
as  things  were  understood,  the  nest  point  was 
for  the  old  sheriffs  to  get  dear  out  of  their 
office.  Theif  courage  did  not  servo  them 
to  refuse  ddiveiing  over  the  gads  by  inden- 
ture to  North  and  Rich,  as  the  way  is  ;  not 
to  indent  with  their  own  anti-aheriffs;  fin* 
either  way  had  been  an  escape  of  the  pri- 
soners in  ezeeulion  that  had  charged  them 
deep :  Therefore  they  made  a  virtue  of  no* 
CMaity,  and  were  glad  to  sod.  to  Nosth  and 
Rich,  who  entered  upon  their  ofStee  in  Ae 
Msaal  forms.  And  so  ended  this  (M>  after- 
times  inconceivable)  huiry  in  I^mjon  about 
the  sbrievd  dection  in  1,683* 
**  And  noW)  before  I  enter  unon  amp  eeoso' 
q^uences,  I  will  run  over  tne  author's,  ac- 
count of  the  matter,  which  is  very  brief^  bu| 
not  so  brief  aa  mdicious ;  ibr  hia  aim 
throughout  is  to  make  such,  a  sham  repre- 
sentation of  it,  as  the  whole  procei^teg  may 
appear  one  continued  net  of  aibitrary  power, 
and  nnrighteous  onpuwcion  olf  the  dt^r  fiiee* 
dome.  It  seems  that,  after  Bethd  and  Gor- 
nish»  the  sheriffB  of  the  year  1680,  ef  scan- 
dalous memoiy,  the  loyd  dtizena,ifaBau- 
tlior's  couit  party,  instrudsd,  by  theic  bcha- 
viour^  what  was  to  be  expeoted  if  the  soma 
Ihotion,  thnt  set  up  them*  shonJd  set  np 
otheia.  as  bad,  maoe  dl  the  streng^  they 
conid  to  oppose  the  choice  of  Pffldnglon  and 
Shute,  but  u  vain ;  and  fi|e  author,  justtfiea 
the  fantion  for  going  on  at  that  rate,  aaiping, 
•  tbdr  liFs«  and  liberties  depended  upon  that 
<  dtoicn/  He  must  think  sove  that  hia 
ftxendsknev  themselv^qbnoxiotfsand  de- 
SflTving tobe hanged, or  e^.that  4in  iNNRt 
had  resolved,,  right  or  wvangi  to  bang  them ; 
how  dsa  oamorthsA  choice  to  bp  so  fatd  be* 
yondaiqr  oAfiTf  aa  if  Bibs;  Atroponwdtfii  tf 


sor]     STATE  TMALS,  95  Cfl AftLss  II. 

cut  all  their  threads  P  'But  it  teems  the  city 
begttn  to  shew  a  loyal  dispositiioD,  and,  tor 
lh«  credit  of  youth,  who  are  sometiiiies  mis- 
takeh,  but  ever  forwardest  in  actions  of  (fire- 
supposHi)  general  good,  it  fell  out  so  in  the 
city  that  almost  all  the  apprentices  were 
fcryai,  and  had  a  fancy  to  make  a  feast,  and 
entertain  some  of  the  court ;  whereupon  ve^ 
nison  was  sent  them  from  the  king's  parks, 
and  some  great  men  dined  with  them.    Tliis 
the  author  oaAls  a  meaner  condescension,  to 
which  he  adds  this  dutiful  sentence,  It  was 
tiiooght  it  Was  no  lesH  than  encooraging  ser- 
vants against  theh'  masters.    The  fl^on, 
and  their  scribe  here,  had  reason  to  be  ofieud- 
ed  that  the  servants  should  presArae  to  be 
honester  than  tbeir  masters ;    and  that  it 
should  not  be  in  the  power  of  the  cankered 
old  crabs  of  the  faction  to  corrnpt  the  youth 
of  the  city,  whereby  to  provide  a  seditious 
succession*:  As  if  young  men,  commonly 
sons  of  good  families,  were  bound  out  appren- 
tices to  trieason,  as  a  mystery  in  whicn  they 
were  to  work  for  their  masters  and  learn  for 
themselves.    But  we  must  not  forget  the 
mystery  of  king  Charles's  greater  conde- 
scension to  stir  up  mischief*  b^wCen  masters 
and  servants,  by  setting  up  the  latter.    8ure 
there  was  some  great  condescention  which 
was  exeeeded  by  this;    and  I  find  it  was 
after  the  electk>n  of  Pilkington  and  Sfante, 
when  the  city  invited  the  king  to  dinner,  and 
the  sherifls  went  on  the  errand.    The  king, 
hating  no  quarrel  to  the  city,  which,  ex- 
cepting the  majority  of  the'livery,  were  ge- 
nerally loyal  and  active  against  the  faction, 
graciously   accepted   the    invitation  ;    but 
withal  was  pleased  to  add,  ^houflfh  brought 
bysudi  unwelcome  persons.    T%is^e  au- 
thor makes  a^  low  pique  in  a  king,  that  is  to 
honour  his  fnends,  and  disg^ce  his  enemies. 
Wonderful  invention ! 
*  But,  to  return  to  our  Midsummer  work,  all 
the  author's  account  of  the  action  in  1682, 
momentous  aa  it  was  to  the  public,  falls  into 
one  short  fiUlaeious  sentence.     ^  The  court 
•  was  very  solicitous  fbr  the  choice  of  new 
^shsrifft  of  London   and  Middlesex,    and 
« earnestly  recommended  North  and  Box.' 
This,  as  It  is  expressed,  is  false :  For  first, 
bow  could  the  court  be  solicitous  tor  the 
choice  of  new  sberiffi,  when  the  choice  was 
to  he  of  course,  and  the  old  eould  not  con- 
tinue f    And  then  there  came  no  recom- 
mendations from  the  court  to  the   city; 
and,  lasdy,  North  was  not  upon  the  foot 
,  of  <choiee,  but  confirmation.    If  he  would 
hava  said  true,    he  would   have  tokl  us 
that   the  *  court   were  solicitous   f  o   have 
the  Ignoranvs  fhctioa  excluded,  and  indif- 
fewnt  sherifb  ^chose,  and  that  the  ioyalliats 
of  all  sorts  set  up  Box  to  stand  with  North 
that  was  drank  to.    And  so  the  people  pro- 
oesded  aa  usual  upon  contested  elections, 
when  the  diithMtwn  was  of  k>yal  and  Igno- 
ramus.    Bat.  savs  he,  the  hearts  of  the 
ctdzenawframrspilioAaiidDtihois.  This 


iSSS.-^lHai  ^Ifmaa  Pilkhgiim    [SOS 

is  false  also:  And  the  cheat  Ket  in  the 
word  citizens,  for  that  stands  here,  aa,  on 
other  like  occasions,  the  woiil  people,  a 
part  Ar  the  whole.  For  a  party  rabble  is 
always  his  people,  so  here  a  prevailing 
party^  of  a  packed  livery  are  the  citizens  for- 
sooth ;  ahboogh,  even  of  them,  the  valae  or 
the  loyal  party  exceeded  the  tate  on  th« 
opposite  side.  But  it  may  be  affirmed  of  th« 
citizens,  in  general,  that,  bad  they  been 
polled,  ^tigste  had  been  ten  for  one  against 
the  fhction  at  that  time.  And  that  was  seen 
in  the  choice  of  aldermen,  fbr,  of  about  SO, 
there  was  but  5  with  the  factk>n ;  and  thos^ 
magistrates  were  chosen  by  the  inhahitaats 
at  large,  in  the  Wardmote  court.  8o  just 
an  account  of  the  citizens  have  we  here ! 
But  what  ccmes  now  ?  <  This  occasioned  & 
'  riotous  controversy,  the  lord-mavor  com- 

*  plying[  with  the  court,  and  the  old  sheriffii 
'  resolving  to  assert  the  rights  of  the  city.' 
Is  not  this  the  marrow  of  the  dispute  f  What 
can  be  the  meaning,  but  the  court  and  th« 
lord -mayor,  hy  force  and  violence,  set  up 
sheriffe,  and  would  allow  the  city  no  election 
at  all  ?  We  are  got  beyond  the  recommend- 
ation of  the  court ;  that  consisted  very  well 
with  a  free  election  without  tumult,  tboneh 
my  lord-mayor  with  his  influence,  took  tlic 
court  side;  so  the  matter  must  be  right 
down  force,  as  I  said  before,  that  shonkl  stir 
up  the  shernffii  to  assert  the  city's  right  to 
elect.  For  he  takes  no  notice  df  the  di^nc  - 
tion  of  confirmation  and  dection,  nor  states 
the  pretences  of  the  party,  as  a  just  writer 
should.  Nor  was  there  any  riot  at  all,  but 
that  of  the  sheriflb  acting  unwarrantably,  aa 
was  shewed. 

'^  But  he  goes  on.    ^  Hence,  on  the  ekctku 
'  day,  a  great  noise  and  clamour  was  naade ; 

*  the  Whig  parl^  being  more  numerous,  the 

*  lord-mayor  af§oumM  the  common  hall.* 
-  Tg  set  aside  the  great  news  he  tells  us,'  that, 

at  a  popular  contested  election,  there  was  a 
great  noise  and  clamour ;  we  must  not  allow 
him  his  pregnant  word  hence,  that  carries  an 
assertion  of  a  force  upon  the  city.  For  it 
refers  to  the  former  words,  which  plainly 
imply  it,  and,  consequetitly,  is  a  very  great 
falsity ;  tor,  at  most,  the  business  was  the 
form  of  the  election,  which  the  two  parties 
contended  upon.  But  that,  which  fi)llows, 
is  an  artificial  and  solemn  fouber^'.  The 
Whig  part}'  being  most,  the  lord- mayor  ad- 
journed, &c.  Doth  not  that  affirm  that  the 
lord- mayor,  finding  the  numbers  against  him 
upon  the  square  at  the  election,  unjustly  ad- 
journed. Sec.  that  they  might  not  carry  it. 
Which  is  the  most  egregious  falsity  ;  for  be 
fuyoumed,  because  the  hall  would  not  do  him 
justice  by  confirmation,  which  was  his  right ; 
nor  did  any  law  oblige  htm  to  agree  any 
thing  to  them  who  would  not  do  him  common 
justice.  And  must  any  one,  a  stranger  to  this 
affiiir,  think  this  good  lord-mayor,  one  of  the 
most  treacherous  and  tyrannous  men  in 
the  worldy  for  stopping  a  Gbaioa  heoavaa  bia 


M9]    '    STATE. TRIALS,  35  Chablbs  It.  iBSS^^'^iUt  oih€r$,fat  a  KM.        [2ia 


lide  had  fewest  >oices  ?  O !  that  the  Whi{^ 
party  had  uercr  really  and.  truly  done  that 
which  this  writer  falsely  charges  upon  the 
ceod  sir  John  Moor !  But  we  must  not  stop 
ken.  Bat  the  two  sheriflEs,  thinking  that  to  be 
anarhilraryactforinterruptinffaregulareleiy 
tioB,  weat  on  with  die  poU.  Who  made 
them,  that  are  officers  of  the  crown,  and  not 
of  the  corporation,  judges  to  say  what  was 
iriritraryiind  regular  in  the  proceedings  of 
the  lord-mayor,  aldermen,  and  citizens  cor- 
for^Uter  eongregati  f  It  is  just  as  if  one 
should  say,  the  sberiff,  at  the  assizes,  thought 
that  the  jodgesdeparting  before  all  business 
waa  done,  was  an  aihitrary  act ;  so  he  oon- 
ibuied  the  assizes  by  himself.  I  suppose 
soBDe  learned  counsel  hath  informed  this  au- 
thor that,  if  a  magistrate  doth  not  please  the 
Whig  party,  he  acts  arbitrarily. 
After  this  the  author  touches  upon  the  com- 
mitiBent  by  warrant  signed  by  24  of  the 
privy  connctl ;  and  that  counsel  was  heard 
upon  Ae  adjournment,  of  some  of  the  fol- 
h»win^  proceedings,  down  to  the  double  de- 
daiatioB  of  the  election,  and  there  says, 
fi^  the '  proceeding,  (on  the  lord-mayor's 
part)  was  thought  to  be  by  no  means  usual ; 
fiir  Dudley  mrth,  esq.  was  only  put  up 
to  be  confirmed,  as  being  duly  elected 
by  the  lord-mayor.  Here  is  so  much 
nbity  and  so  prevaricated,  one  knows 
not  where  to  begin.  First,  the  proceeding, 
as  in  tnith  it  was,  (which  is  here  iaisely  re- 
lated^  was  by  all  means  usual,  and  so  agreed 
by  toe  adversaries  bating  a  few  disoonti- 
BoaBees ;  only  they  were  pleased  to  call  that 
usage  an  osurpation.  Then  next,  here  is  no 
aecountof  this  mysterious  *  confirmed,'  bntby 
my  lord-mayor '  duly  electe(1,'«whicb  is  false 
sdso ;  for  the  lord-mayor  did  not  pretend  to 
^ect,  hot  to  point  out  a  person  whom  (if 
elected)  he  should  approve,  as  hath  been 
ahewed.  So  here  is  a  scandalous  account  of 
the  proceeding,  as  far  as  the  author  intends  it 
ahoold  be  understood^  he  conceals  the  whole 
«»aterial  truth  of  it ;  and  that  is  a  worse  cheat 
than  all  the  other,  misrepresentation.  For  he 
iiath  aappresscd  the  whole  story  of  the  custom 
and  ceretnony  of  drinking,  with  the  reason  ; 
which  is  a  subject,  not  only  necessary  to  be 
ezpbined  in  tlie  history  of  this  ^risb,  but  is,  of 
itself,  as  remarkable  as  any  thing  that  can  be 
telftted. "  If  he  iiad  pleased  he  might  have 
passed  fay  the  whole  matter,  and  (as  was 
said  of  the  tumultuatin^  Jews  about  ques- 
tiona  of  their  law,  so  of  the  citizens,  about 
auestions  of  their  customs)  we  had  indulged 
him  on  account  of  brevity.  But  he,  with 
his  thinkings,  and  'tis  thoughts,  comes 
nmhd  to  a  dedsion,  and  condemns  the  lord 
nmror  and  loyal  citizens  for  coUeaguers 
with  the  Court,  to  usurp  arbitrarily  the 
rigfatiT  of  the  dty,  and  rob  them  of  their 
dection ;  while  the  food  (gnoranius  sheriff, 
and  his  Whigs,  with  a  public  spirited  re- 
sohition,  stood  up  and  maintaine<l  the  city 
ciffati  against  those  traditorian  C|ourt  slaves. 

VOL.  JLX. 


And,  all  this  while,  no  mortal  can  ooUest 
from  a  word  of  fact,  so  as  to  guess  whai 
the  matter  of  these  great  stirs  was.  And* 
from  a  comparison  of  his  words  with  th« 
fact,  aU  this  appears  to  be  of  itself,  not  only 
&lse  but  maliciously  tincted  with^  words  and 
names  to  look  like  truth  s  and  so  pretending 
to  a  relation,  is  unintelligible  and  dark,  ta 
the  intent  that  folks  mayimatt^ne  whatia 
not :.  such  is  our  Complete  tiistory !  Let 
the  following  passage  speak.  <*  The  mayor 
heard  the  lawyers  aigue  the  regularity  of 
the  late  adjournment,  bat  coming  to  no 
resolution,  the  Court  was  again  a4joumed.,'* 
Here  is  falsity  and  contradiction ;  for  the 
.  point,  apon  the  first  arguing,  was  rasolved. 
and  the  hall,  then^pon  aiyoumed:  and 
fwying  here  that  the  Court  was  again  ad- 
journed, admits  a  resolution ;  for  whether  if 
might  be  done,  or  not,  was  the  question. 
But  tlie  author  is  not  pleased*  though 
the  point  was  cleared  to  the  satiafiMtion  of 

.  all,  to  have  it  determined,  but  rather  remain 
a  moot  point  in  bis  History,  or  yet  i*ather  be 
condemned  by  virtue  of  *  'tis.thought.'  The 
rest  of  this  }>aragraph  trifles  and  shuffles  in 
matters  not  worth  notice ;  and  then  he  con- 
cludes that  Mr.  Dudley  North  was  sworn 
upon  the  hustings,  which  is  false  ;  for  he 
was  n<)t  there,  nor  sworn  till  a  good  while 
af^er  that  be  was  sent  for  to  the  court  of 
aldermen,  and  oommaiidcd  to  enter  into' 
bonds  for  taking  the  office  upon  him.  So* 
this  shot,  made  though  at  nothing,  was  by* 
guess,  and  flying. 

<*  I  have  now  given  a  representation  of  ih* 
Author's  falsities  and  concealments  abou^ 
tliis  momentous  change  of  the  city,  and^ 
consequently,  of  the  whole  nation.  Ha 
liath  afforded  us  only  a  few  sideling  and 
libellous  sentences,  and  for  that  reason, 
affectedly  dark  and  imperfect ;  suppressing^ 
as  I  noted,  all  titie  true  motives  and  depen- 
dances  belonging  to  the  proceeding.  Ha 
would  have  the  business  look  black  on  tha 
Court  side,  havinff  occasion  for  abundance  of 
such  arbitrary  doings,  as  he  labours  to  dress 
them  out,  in  order  to  extenuate  the  ensuing 
rebellion  ;  which  is  the  true  reason  for  this 
liis,  otherwise,  unaccountable  conduct.  Wa 
have  had  already  much,  but  shall  have  more» 
of  the  like  design  afterwards.  But,  as  to 
this  transaction,  that  I  mip^t  clear  up  ,hia 

.  mists  and  mishanes  of  thmgs,  I  thouffbtit 
necessary  to  make  an  entire  relation  of  my 
own,  which  1  have  done  out  of  pure  me-i 
mory;  and  think  myself  not  wholly  un- 
quanficd  for  it,  being  in  those  days  carious 
and  active,  and  seldom  absent  at  any  of  tha 
turns.  But  having  no  thought  of  ever* 
being  provoked,  aii  I  am  by  these,  wor^ 
than,  falsities  of  the  author,  to  recollect  par- 
ticularly matters  that,  in  those  times,  I 
looked  after  chiefly  for  diversion,  I  kept  no 
journal,  or  notc^  of  times  and  particularities 
as  they  succeeded.  Nor  have  I  acce^  to, 
any  otfi«ss  where  I  might  gathar  from  tha 
P 


»n].  STATE  TWAlA-aiC«48l.f«n.J«8?^T'^?^7»fiFf«W¥M«f»    t««. 


ocigina]S|  t)iat  is  orders,  '4ecl9Jr|itioii8,  i^id 
the  like,  wbat  b  needful  fbir  a  just  register. 
Therefore  I  am  seusible  that  mms  punc- 
tualities are  here  waptlpff,  wuicuTlf^ish,  I 
could  supply.  &at,  as '  ^^  ^e  g^qss  otejiifi, 
and  the  maufer  of  fact,  \  an)  secure  of  naving 
clone  justice ;  for  H  welj  ofeserYed  ^heip, 
and,  ^t^hink^  shall  never  forget  the  m^- 
ierial  pai't.'^    £xamen,  p.  595*. 

Cf  icerninf  these  transactions  it  may  reason- 
ably be  conjectured  that  the  ordinary  ^eigrit 
<»f  ftoger  xVortb's  political  partiality  was  aj^- 
^yated  by  the  consanguinity  be^if een  hifn 
apd  sir  Dudley  North. 

Of  the  tame  oocnrrences,  the  foUovring  p«8- 
'  ngesy  extracted  from  Narcissds  Lirttrell't 
itik  "«  Brief  SstDrical  Relation  of  State  Af- 
iiirt,"  in  the  Libmry  of  AUSouli»coH^,Ox- 
iM,  fitniish  a  simple  and  apparently  Impar- 
tial nonative,  the  eflRect  of  whicb  is  enhanced 
(v  contrast  with  the  p*rty  vehemence  of 
mrtlft'8  reoresentations,  and  the  elaborate  af- 
fecti^ion  of  bis  forced  and  dedattiatory  style : 

^""Jonej  lj681.  The  24th  was  the  day  for  t)ie 
election  of  sbenfis  and  ofEcers  for  the  city  of 
London,  the  IJyery-men  of  the  serej^al 
eompanies  appeared  in  an  extraordinary 
BuCnner  at  the  Guild  Hidl :  the  lord  mayor 
cud  court  of  aldermen  being  come  upon  the 
I^ustingji  they  proceeded  to  the  election; 
the  persons  in  nomination  for  sKerifTs  were 

i(r.  alderman  I^Ikington,  and  Mr.  Samifel 
ihute,  Mr.  Ralph  Box  and  Mr.  fiumpbry 
Kicolion  ;  M)r.  Pilkington  was  first  put  up, 
who  having  apparently  the  majori^  of 
fbices,  was  dfrlared   duly   elected ;    Mr. 

.  I^ufe  with  some  contest  was  put  up  next, 
llpd  then  Mr.  Box,  but  Mr.  Shute  carried  it 

'  ty  nuich  to  appearance,  yet  those  that  were 
for  Mr.'  Box  demanded  a  poll,  which  was 

'  ^nted  and  clerks  appointed^  and  i|coord- 
Higly  the  poll  began  which  ended  t)iat  day, 
^nd  Pilkington  and  ^ute  carried  it  by 
t)u'ndre<ls  of  vuces. — Sir  Thomas  Player 
Vk-as   then  also  continued  chamberlain  of 

.  X^nd9n  unanimously. — ^There  was  a  very 
ercat   appearance  of  Liverymen,  and  tiie 

[  Court  had  made  wlmt  Interest  they  could 
Inat'tbey  might  ^et  die  persons  set  up  by 

'  them  CSox  and  Nicolsonl  chosen  for  she- 
pffy,'  Tl^e  poll  wais  closed  the  24th  at  night, 
and  tb^  97  th  was  a  common  hall  again  for 
declaring  the  sberiffii ;  and  on  the  poll  al- 
derman Pilkington  had  3^4,  Mr.  Shute 
3244,  Mr.  Box  1,266,  and  Mr.  Nicolson 
84  ;  so  that  alderman  Pilkington  and  Mr. 
^bute  were  declared  duly  elected."  ^ 

•  As  to  this  election,  bishop  Kennett,  vol.  3, 
£.  391, 2nd  ed.  says,  *<  The  king  was  resolved 
y  e&^rcss  his  diijplcasure  at  it,  and  therefore 
vhen,  on  October  13,  sir  George  Trcby  and 
thtisc  two  shciifls  were  sent  to  mvite  his  ma- 
jesty in  tlie  name  of  the  city  to  do  them  the 
lionour  of  dining  at  Guildhall  oa  the  28th, 


<  1682,  Jun^.    Tl^e  24th  UeiQg  Xhp  una}  ^j 
for  ekctipff  of  sberifisfor  the. city  of  Lpv^do^^ 
oj^uiy  of  we  fiv^ry  men  appeareu  at  Guil^* 
^  ;  One  party  crying  ujp  CJforth  «nd  BqX 
ai)d  t^e  ^tner  pij^bois  and  pi^iUiop  *,  ^u^  a 
po^l  being  desired  and  grant^  itb^t^^ 
i^meho^rs;  ^nd  tl^en  ^war^s  tbeevw^g^ 
the  lor^  mayor   cam^  ^aA  difipkBed  ili« 
court,  orderinjz  tjbem  to  (^pear  on  Ti'u^iy 
next;    Qot\^itnstandi9g  whicl^  tl^e  ^heridf 
still  held  on  the  court,  and  the  Xl}f^  PAity 
cried  out  a  Hall !  a  U^ll  (  and  eoi^m^upd  on 
the  poH,   and  there  was  some  xind  of  t!ot 
and  tumult  comini^ted  i^  ^e  jkw  ;  Bm  at 
last  tJb®  sheriCTs  ^l^  adjourned  th^cQUi;tt^ 
Tuesday  next  ^  njne  ^r  tlieVlov^* 
'<  But  the  9.5tb  tl^e  lor^  9)f^yor  i^en^  ap4  <^9W 
plained  to  bis  ij^i^esty  against  the  ^^eri^ 
who  beine  sumngioned   to  appear  tt  tli« 
council,  they  did  accordingly  the   26th  $ 
and  beins[  thought  to  be  promoters  apd  up- 
holders oT  a  riot ;  th^y  were  cou^mitted  bv 
order  of  council  to  the  Tower,  aju^accoc^ 
ingly  conducted  thither  in  then:  ^o^u^es  by 
ibur  yeomen  of  the  Guards,  only  tl^()^H£^  ^^ 
city. 
"  It  IS  observable  in  this  election,  ib^  the  l^urd 
mayor  insisted  ou  his  right  of  chuifing  osi€ 
of  tl^  sheriffs  himself  by  drinking  tol|iio^ 
which  he  had  done  to  Mr.  North  ;  but  tbi# 
the  greater  part  of  the  coipmo^-hall  w^r« 
against^  and  vjrould  not  confirm  luin. 
'^  In  the  tranaactiofi  of  the  late  electi(ii|  c»a 
Midsummer-day  qf  the  sheriffi^  some  thi^g* 
are  remarkable ;  as  first  the  lord  nw^y^r'n 
precept  to  the  several  companies  runs  m  an- 
unusuU  form,  viz.  as  well  for  the  confirqia^ 
tion  of  the  person  who  was  by  him  chosen,  t<^ 
be  one  of  t|ie  shprifis,  &c.  as  fpr  the  el^ 
tion  of  the  other,  of  the  said  ^erifis,  6c<^  | 
whereas  former  sumnions  was  to  the  meqn* 
hers  to  meet  and  chii^  sheriffs  ,  aa4  then 
when  this  person  was  put  up,  it,  waii  only  £>• 
con()nna.tion,  but  this  the  common- hall  wat 
alisolutely  against,  and  cried,  Ko  con%8(iA- 
tion,  no   confirmation!  l^he  common  haU 
also  returned  thanks  to  the  two  present  she* 
riffs  for  the  faithful  discbaif^  of  their  officie. 
"  June  27th.   The  court  of  Hdnf(u  Qench 
granted  a  Habeas  C/orpus,  to  brmg  up  th< 

his  mt^esty  Q^ve  them  this  rebuke :  *  Mr.  Re- 

*  corder,  an  invitation  from  my  lord  mayor  and. 
'  the  city  is  \  cry  acceptable  to  n;ie ;  and  to  ishew 

*  that  it  is.so,  notwithstanding  tbat  it  is  brought 
'  by  messengers  that  are  so  unwelcome  to  me  a^ 
'  these  two  sheriffs  arc,  \  et  I  accept  it.' 
**  His  majesty,"  proceeds  the  bishop,  '*  1mi4 
before  condescended  to  a  meaner  thing  by 
distiu^ishing  the  loyal  apprentices  of  London, 
and  giving;  a  brace  t)f  bucks  for  a  dinner  at 
Sadler's  Ilall  on  x\ugust  4th,  and  sending  rnsiny 
of  the  prmcipal  courtiers  to  diu^j  with  them, 
directing  his  son,  the  duke  of  Grafton,  to  be 
one  of  the  stewanls  for  another  year:  all 
which  was  thought  no  less  than  to  encourage 
servants  to  oppose  their  masters." 


i 


lis]    "  8TAt£  TRIALS,  s'j  CdAUtt^  If.  iSM. 


Ami  dMft  TlMNdri  wktch  i»ilfl  retilhiflfbte  im- 
\aiakmA^  ;  4ttfl  the  Lieutenant  oF  the 
IVl^ei' Mug  sert«d  l^eAretHih,  thbiight  fit  to 
tike  no  notice  thereof. 
%  Tlie  ^6th  tlMB  tfheHlR  Of  Lona6n,  Mr.  Pit- 
ld]ifft|Mi  tfd  Mr.  Sbilte  wei-e  bH)ag4it  tib  from 
the  Tbwer  o^  Inondoii  to  tile  eoiirt  of  KM^'s 
Bcndi  on  a  iefcoiid  H«be&i  Cot-ptk,  ind  de- 
iitc^  by  their  ooUneel  to  be  biiiled  ^  biitMr. 
AtHfiney  QenerAl  exbihitib^  an  bfornia^ion 
Aen  in  oouit  agaimt  them  roi'  (he  said  riot, 
Ibr  wlli<^  they  we^e  committed,  they  pleatled 
ftst  toit»  Kot  Goflty  (in  which  aidd  idfbrroa- 
tinii  there  were  abotit  forty  olh^r  perions 
meiflhMiell  lid  rioters ;  a4  ^d^rman  Henry 
Cornish,  rtr  Tbomils  iBoM,  sir  John  ShoHer, 
lord  Gre^  bf  Wart,  atd^ihan  Ellis,  John 
Tteilohtrd,  ^.  laid  others)  tHen  thev  #ere 
admitted  ttf  bail^  Whd  were  Mr.  James  Hayes, 
Mr.  Midinel  GMfref ,  Mr.  Benjdhin  Ood- 
,  mid  Mr.  John  Biiaden  ;  the  princt- 
were  bOdnd  in  S,000/.  a  piece,  and  tlie 
b  1,000^.  e«cb^  Itt  desire  of  the  Attor- 
ney General. 

Jttfy  ath.    The  ciame  djnr  beib^  the  Mst  day 
of  <be  term,  thfe  ^herifis  app^iired  etlHf  at 
tliecotirt  of  Ksiig:'*  0ench,  and  h$d  Aeir 
i^ipearance   reeorded.— And  it   bemff  the 
ocy  appointed  for  the  eleetion  of  sfaeiifis 
neceranr    to    th6   IMe    lidjoartitotet  by 
tlie  l0rd    noaycnr,    th^    sheriffir   appeared 
nir  the  InlBtiB^,  aftd  the  citLzens  in  great 
BlAuheiitf,    bnt  tfie  I6rd   may6r  lleih|f  in- 
disMaed,  Mr.  Reeotder,  W  his  lordsbip's 
OT«er,4iedtte(lil  wtHllfisrlo^hip'd  desire  that 
ihepoU  aHoiild  be  adjbiimed  Ol  Fri^jr  the 
Tth  ;  whiereateti  the  ^heriflii  donanding  of 
the  cotoOMNi-han  if  they  weto  williiff  to 
defer  it,  tne  nl^  part  were  ifgahkit  it,  so 
tfaejjr  firoeeedipd  itt  the  p6tt  ibr  some  hours ; 
which  bong  finished  tfnd  east  op;  the  com- 
ami-hattiifsbtiti^tohave  th^  pbll  declared, 
jflie  «hertfls  did  llecordingit,   Mr.   North 
1^7^  Mh  ^kA  .l,to9,  Mr.  PapiHtoll  3,754, 
wBAJtkt.  DoMi  S,7d9  ;  which  twd  last  har- 
ti|g^  life  ttU^/t^rBCt  weM  deidared  sheHffe  ftr 
^hft  ]fenr  $s&mat  %   Aiid  their  proceedings' 
^MeerMcd  to  be  recorded br Mr.  Town- 
^iBi1[,aMlbeiirthe6dfiMlMitt-bidlbf6ke  up: 
Dttinuf  this  day 'tf  proceedings,  four  oonkpa- 
nies  of  the  frailied  Minds  were  on  the  gfoard. 
^  The  rtil,  the  kffd  mayet,  seme  of  tM  sd- 
devufett,'  talk  tlie  kittens  on  ihtft  side  met, 
early  at  G«ttd-haH  (MtWiftstteidingthe  pro- 
^seediqpl^on  Wednesday)to  proibeed  on  the 
poll ;  ti  which  the  dllier  party  hanng  no- 
tiee,  iMtdiey  should  be  stripA  of  their  pri- 
fUegiea,  «aiif^  to  Gcdid-hall  in  great  nu|n- 
BeM ;   4nt  a  difli>uto  arising  between  the 
BBsy^  Aid  aldermen  about  his  preteAded 
.a^oominettt,  some  IttwVers  were  sent  for  to 
decide  it,  sirCtoerge/effefysitodlirr.  San- 
deniii  beMf  «fthe  loi^d  mayor.  and^Mr.  . 
WiBinaBS  aftd  Mi^.  Pbllexte  fbr  the  sherifis, 
who^debileitAiettlatier,  Mt  coming  to 


no 


iteie^.  «to  idM  >My<Mf  fuiOidf  adjiWoed 


Hi^  cbfitt  tfR  this  day  seven-nfgrht  beinir 
tB*i4th. 

<<  The  l4th  a!^ihift  bommon  halt  met  in  g^eit 
-ntiraberS  at  Ghild-hall :  the  lord  mavor  and 
aTdemlen  beidg  boiine  upon  the  Hustings. 
Hid  majest^^s  order  iii  couticil  was  read, 
And  tlieri  the  ford  mayoi*  infitistM  on  tiis  nri« 
▼i!e|^,  and  d^tdred  Mr.  I^^inii  t6  be  sW 
rifr,  which  the  Cbri^ihoii  halt  would  by  no 
iil^ns  adihii,  bdt  cribd  but  fio  f^ortb,,  ne  , 
rforth,  no  confirmation :  but&  Papiifioii  and 
Dtibois :  ^en  the  ftbenft^  telling  the  conif* 
itiod-half,  thet  w^  by  kis  tidaje^  's  order  t» 
poll  anew  fsalTO  jure  tb  the  last  poll)  tliey 
beenn  td  proceed  ilt  four  in  the  afternoon  to 
pot)  for  ail  fobr,  which  the  loWf  ohavor  hter- 
m^  of  eittue  and  ai^ourned  the  p<A igaixt  till 
to-morrow  feren  of  the  (;lock.  , 

''  The  15ih  according  io  yesterday's  adjourn- 
ment bv  the  lord  mayor,  the  cottwnon  kali 
dissembled  and  tbey  proceeded  to  the  poll : 
the  sherifiiB  had  books  to  take  it,  to  also  sOme 
appoifiiea  by  the  lord  mayo^  took  it ;  the 
sheriifb  wodld  poll  fbr  all  feur,  the  imd 
tnayorfor  but  three, -saying  Nordi  was  al- 
reiidy  chosen  (though  it  is  said  his  lordship 
consented  to  poll  for  ad  four,  but  ailerwanui 
thought  fit  to  alter  his  blind,)  the  books 
behig  closed  ilbd  east  lip,  ttie  sherifis  ctoie 
upon  the  hustings  and  declared  how  it  was 
in  the  books,  North  lot,  Bot  173,  PaDitlio^ 
9,4813,  Dabois  9,491  ;jaid  a£:aiDstconfir|na- 
tion  9,414:   So  thd  Papillion*  4nd  puboia 
were  again  decUred  efected  sherifis,  ii  which 
Hhere  was  a  great  shout :  Butt  ihelord  m^or 
and  some  61  the  alder^h  cai^ie  afterward 
on  the  hustings,  ^d  dectired  Box  to  be.  ths 
other  sheriff  as  having  the  mt^oritVy  vis. 
1,944  in  ifif  bool:,  and  Fapilliott  ind  Dubois 
but  60  j  after  which  the  sherifis  cauie  agaim 
Upon  the  Httstings,  ahd  declared  Papillion 
and  Ihibois  sherifilt  IVhai  will  be  the  issns 
hereof  time  must  shew ;  Some  nersoos  ars 
ttrangely  exasperated  against  the  lord  mayoc^ 
and  most  blame  him  fbr  ih^  onusuid  prepept 
that  summoned  th^  common  hail,  such  aa 
one  having  been  never  kfiows  befove. 
The  affair  of  the  sherifis  is  thai  Vfhuih 
causes   great  differences;   the  Whig- par^ 
thinkkjg  the  ford  mayor  hath  done  them  ja» 
hn^,  have  brought  actions  of  tlie  case  against 
his  fartlsbip  which  increase  in  number  eve^ 
0ajf;  they  say  that  the  sherifis  were  ever 
the  pro^CT  mani^ers  of  the  poll,  that  the 
lord  mayor  was  wifiing  to  poll  for  dl  four, 
until  a  certain  minister  or  state  was  with 
hito,  (sir  LeoKne  Jenkins)  that  in  a  ^tUe  time 
diere  will  be  a  common  councSt  called, 
and  then  they  think  to  receive  satisfaction 
hi  their  rights ;  but  if  Aie  lord  mayor  shaM 
proceed  to  swear  North  and  Box,  iiey  think 
they  hav«  power  to  turn  them  oat  ac^n  on 
idichaelmas-^y ;   if  all  these  fail,  Uiie}^  ar^ 
resolved  to  proceed  by  way  of  nUindaipos, 
act  of  the  court  of  King's  bench,  to  try  the 
issue  the  next  term. 


n 


^^  Thejtrthbeiiigs  eoo^  /ft sXlii^m^,  ibeA 


£15]    STATE  TRIALS,  ^5  Charlbs  IL  iGh^.-^Trial  of  Tkmoi  Pilkifigi&m    [tl€ 


was  a  numerous  appearance  <A'  the  Uv^ry 
men  at  Guildhall,  *to  have  the  lord  mayor's 
answer  in  relation  to  the  petition  formerly 
delivered  concerning  Mr.  Papillionand  Mr. 
Dubois  their  being  called  to  hold  sheriffs  for 
the  year  ensuing ;  some  of  them  beinf  call- 
ed iui  his  lordship's  answer  was  read,  that 
the  court  would  take  care  such  persons 
should  be  sheriffs  who  were  legally  elected, 
as  also  of  the  rights  of  the  chair  and  of  the 
whole  city,  and  if  things  were  done  other- 
wise, the  law  was  open ;  Some  of  the  livery 
^en  attempting^  to  reply,  that  this  was  no 
answer,  his  lordship  bid  them  forbear  and  he 
gone,  which  they  not  doing  presently,  they 
were  commanded  in  the  king's  name  to  de- 
pa  i*t  ;  and  then  the  court  adjourned  till  after 
JBartholomew  tide. 

**  September,  1682.  On  the  5th  was  held'a 
c^urt  of  aldermen  at  Guildhall,  where  di- 
Tei*s  citizens  attended  and  delivered  another 
petition  to  the  court,  to  the  same  same  sub- 
stance as  the  former,  tliat  Mr.  Papillion  and 
Mr.  Dubois  being  legally  chosen  sheriffs  for 
the  year  ensuing,  they  demanded  as  their 
right,  aud  as  the  oath  of  the  lord  mayor  and 
alderm^  obliged  them  also,  that  they  might 
be  summoned  to  seal  their  bonds  to  hold  the 
said  ofHce  or  fine  off;  then  they  were  or- 
ilered  to  withdraw,  during  which  time  Mr. 
Box  was  called  in :  aud  after  the  citizens 
were  re-admitted,  and  the  lord  mayor  told 
them  their  petition  had  been  read,  and  was 
to  the  same  effect  as  some  formerly  de- 
livered ;  and  that  Mr.  Box  had  been  nnce 
called  to  accept  the  office  of  sheriff,  but  that 
he  had  submitted  to  a  fine,  so  that  now  they 
should  have  another  common  ball  to  elect 
another  sheriff  to  serve  with  Mr.  North,  to 
#hich  some  replied,  they  had  already  cho- 
sen two  sheriffs,  and  would  adhere  to  the 
first  choice,  and  did  desire  no  more  common 
halls,  saving  there  had  been  too  many  al- 
ready about  this  aflair,  at  some  of  which  se- 
veral received  their  death  ;  On  which  his 
lordship  commanded  them  in  the  king's  name 
to  withdraw,  or  they  should  be  looked  npon 
as  tumultuous. 

•*  Mr.  Box's  fininjip  off.  hath  caused  much  dis- 
course, the  Tories  blaming  him  on  the  one 
side,  and  the  Whigs  gathering  heart  on  the 
other,  promising  themselves  success;  but 
the  more  modei-ate  persons  like  not  these 
proceeding's,  dreading  the  ill  consequences 
that  such  heats  and  divisions  may  occasion. 

•*  The  12th  was  a  court  of  aldermen  held  at 
Guildhall,  where  many  citizens  attending 
were  callefl  in,  who  presented  another  paper 
to  the  Court  for  the  calling  3lr.  Papillion 
and  Rlr.  Dubois  to  take  the  office  of  sberifft 
on  tbeau  whereto  thev  wei-e  lawfully  chasen, 
protesting  asfainst  the  election  and  confir- 
mation of  Noi-th  and  Box,  and  that  if  en- 
deavours were  used  to  the  contrary  hereof, 
■uch  proceedings  would  be  a  breach  of 
your  trusts,  and  a  violation  of  the  rights  and 
privileges  of  the  citizens  of  London;  then 


the  dtieens  withdrawing;  a  debate  mnme  in 
the  court  hereon,  which  oocasionii^  toine 
$harp  words,  the  lord  mayor  ordered  the 
fiwora  to  be  taken  ap  and  so  dissdved  tha 
court. 
"  The  14th  was  another  court  of  aldermett  sit 
Guildhall,  where  many  citizens  attending, 
those  of  the  Whig  Party  delivered  another 
paper  to  the  same  effect  as  the  fonnsr  in. 
the  behalf  of  Mr.  Papillion  and  Dubois  ;  the 
other  side  deU%'ered  a  paper  desiring  that 
that  court  would  appoint  a  common-ball  to 
chuse  another    person  to  serve  with  Mr. 
North  already    confirmed ;    then  a   tfatid 
paper  was  presented  hy  Mr.  Kainton  (late 
member  of  parUament  for  the   coanty  fit 
Middlesex)  subscribed  by  many  gentleoien 
and  freeholders  of  the  county  of  Middlesex 
in  behalf  of  Mr.  Papillion  and  Mr.  Dubois, 
which    on   the  other   side   was  protested 
a^nst  by  sir  J.  Butler  and  others,  as  done 
without  then*  consent,  or' (as  they  believed) 
the  majority  of  the  freeholders  of  MiddksejCy 
saying   they  had  nothiifg  to  do  witli  th« 
city's  choice  of  theu*.  sheriffs ;  then  they 
were  all  ordered  to  withdraw,  and  aAer  some 
time  were  called  in,  and  told  that  the  court 
had  considered  of  their  several  {letitions,  and 
would  talce  care  that  such  persons  should  take 
the  office  of  sheriffs  as  were  duly  elected ;  and 
that  in  tins  aud  all  other  things,  that  court 
would  endeavour  to  maintain  the  rights  and 
privileges    of  the  chair  and  of  the  whole 
city,  and  wherein  you  think  we  do  other- 
wise the  law  must  judge  between  us,  and 
were  told  that  the  lord  mayor  did  intend  t« 
call  a  common  hall  on  Tuesday  next  to  ehect 
another  fierson  to  serve  sheriff  with  Mr. 
North,  which  occasioned  some  to  cry,  No 
North,  no  common  hall,  we  ha^e  chosen 
already,  but  they  were  commanded  in  the 
king's  name  to  depart. 

<'  The  lord  mayor,  wben  he  avunmons  a 
common  hall,  usually  sends  bis  precept  to 
each  company,  but  this  time  be  only  sent 
word  to  the  clerks  of  the  companies. 

^^  The  19th  being  the  day  appointed  for  a 
common  hall  to  chlisea  person  to  serve  with 
Mr.  North  for  sheriffs  of  London  and  Mid- 
dlesex, the  liverymen  met  at  Guildhall  in 
great  numbers;  about  11  the  lord  mayor 
and  some  of  the  aldermen  came  upon  the 
hustings  ;  and  the  common  cryer  proceed- 
ing to  make  proclamation,  there  was  so  con- 
fused a  noise  that  nothing  could  be  beard, 
then  the  lord  mayor  and  aldermen  retired 
into  the  council  chamber,  then  the  common 
seijeant  came  forward  on  the  hustings  and 
put  up  Mr.  Kich,  at  which  there  was  sueh  a 
noise  of  No  Rich !  anil  that  they  would  stand 
by  thdr  former  choice,  that  nothing  dse 
could  be  heard,  then  the  sbt'rtffii  came  tor- 
ward  and  put  it  to  the  common  ball  whether 
they  w  ould  proceed  to  a  new  election  or 
stand  by  their  old  choioe  ;  and  much  the 
greater  number  was  for  standing  by  their 
old   choicey   thou^  n^any   people   (it  m 


417]      STATE  TRIALS,  35  Charles  IL  1683.— mid  <dhir$Jer  a  Riot.       [218 


dmghl)  held  theor  bunds  Mlwrvite  than 
tiwy  inteMled,  it  Mug  bardiy  pMsiMe  to 
httrwhat  was  pat  up,  hat  a  poll  being  de- 
vandedyfliid  gianted  by  the  sheriffs,  tbe^ 
adjoamed  it  for  an  bonr  or  two ;  whilst  this 
VM  doing  ibe  lord  mayor  eame  Wun  npon 
the  hastily,  and  dedared  Mr.  Rich  law- 
fiiDy  cbosen, ^though  the  noise  was  so  great 
it  could  not  be  heard,  and  then  dissolved  the 
hall  and  went  to  bis  own  boose ;  about  two 
.  in  the  afternoon,  the  sheriffs  began  the  poll, 
during  which  time  the  lord  mayor  sent  to 
them  to  desist,  for  he  had  dissolved  ihe  hall, 
bat  they  proceeded  ouj  and,  upon  casting 
np  the  books,  found  there  nas  2,082  for 
standing  to  the  old  choice  of  Mr.  Papillion 
and  Mr.  Dubois,  and  35  lor  Mr.  Rich  ;  and 
die  shcnfb  hearins'  that  the  lord  mayor 
came  again  himself,  hastened  upon  the  hust- 
ings and  declared  Mr.  Papillion  and  Mr.  Du- 
baia  legaHy  elected  again,  and  then '  ordered 
the  people  to  depart,  whidi  done,  the  lord 
mayor  caused  the  g^tes  of  Guildhall  to  be 
■hut  up. 

*^  The  next  day  bemg  the  30tb,  the  lord  mayor 
and  seme  of  the  aldermen  went  to  White- 
ball  to  inform  bis  majesty  of  the  proceed- 
ings, and  there  were  some  affidavits  made 
agaimA  the  sberifb,  wherefore  a  council  was 
SDromooed  in  the  afternoon,  and  the  sherifls 
ordered  to  attend,  which  they  dmng,  tbey 
were  told  they  had  proceeded  in  a  riotous 
manner  which  they  must  answer,  and  so  the 
two  flhenfls  gave  a  recognizance  of  1,000/. 
each,  mtid  tea  bail  in  500?.  a-piece  to  appear 
at  the  King's-bench  bar  the  1st  day  <n  the 
neatt  term,  and  to  answer  to  an  information 
tfiere,  and  in  the  mean  time  to  be  of  the 
good  behaviour,  and  so  were  dismissed. 

*'  It  is  thiHi^t  by  most  people  that  Mr.  North 
and  Mr.  Rich  will  take  on  them  the  office 
ef  sherifls  of  London  and  Middlesex,  not- 
widistaoding  their  contested  election,  and  for 
this  end  they  are  fitting  up  OoMsmitbs  and 
Urapers  halls :  these  things  make  some  per- 
sons down  in  the  month  fearing  the  effects  of 
these  two  being  sheriffs  ;  and  scruple  not  to 
say  to  what  end  they  were  set  up  ;  that  if 
the  lofd  mayor  would  chuse  one  sheriff, 
ther  never  knew  any  cotour  he  has  to  chuse 
bote;  ^ley  call  him  a  betrayer  of  their 
rights,  and  are  resolved  to  pursue  the  utmost 
rnnedy  the  law  affords ;  and  some  fear  not 

'  lo  aay  the  ofci  sheriffs  will  not  deliver  up  the 
prisons  to  diem.  These  things  look  ill  and 
are  much  tobefoared  ;  and  the  other  side 
areresolvedto  stand  by  Rich  and  North,  for 
tbf*y  will  have  thein  in  as  legal  officers ; 
time  must  produce  the  consequences  hereof. 

**  The  26th  was  a  court  of  aldermen  at  Guild- 
hdl,  where  Several  liverymen  attendlno^  pre- 
ansted  a  paper  to  the  court  in  the  behalf  of 
Mr.  Papillioii  and  Mr.  Dubois,  very  sharply 
vcpffesenting  to' the  oourt'tbe  breach  off  heir 
trust  and  violation  of  their  oaths,  but  they 
had  answer  returned  them  as  formerly  an<^ 
wcrrcomnnDded  to  depart.  Afterwards  Mr. 


Pteter  Rich  was  called  to  give  bond  to  take 
upon  him  the  OlBoe'of  sheriff,  which  he  did 
accordingly.  Mr.  Dudley  ^orth  sheriff 
elect  by  the  lord  mayor,  sent  to  his  cm* 
pany  the  mercers,  to  demand^  as  usual, 
several  of  their  company  and  officers  to  ac- 
company him  to  Gmldhall  ihe  day  he  takes 
the  office,  but  the  said  company  holding  a 
cotut  thereoii,  made  an  order  that  none  of 
their  members^r  officers  should  attend  him 
on  pain  of  being  turned  out,  but  that  they 
should  accompany  Mr.  Papillion  to  the  said 
hall  to  present  biui  to  be  sworn  one  of  the 
sherifls  of  London  and  Middlesex. 

«  Tlie  29th  being  the  usual  day  for  swearing 
the  sherifls  elect  for  the  city  of  London  and 
Middlesex,  there  was  a  ffreat  concourse  of 
people  at  Guildhall  early,  out  the  gate  there- 
of was  guarded  by  the  Trained  Bands  of 
the  city ;  and  several  of  the  liverymen, 
who  were  kno^vu  to  be  for  Papillion  and  Du- 
bois, were  denied  admittance  until  the  lord 
mayor  himself  came :  about  ten  his  lordship 
came,  accompanied  with  Mr.  North  and  Mr. 
Rich,  and  entered  the  hall;  some  Traineid 
Bandls  also  were  placed  before  the  hustings, 
and  lieutenant-colonel  Quiney,  who  com-i 
manded  them,  offered  an  abuse  to  sir  John 
Lawrence,  one  of  the  aldermen,  by  pulling 
him  down  off  the  hustings  vi  hen  he  was  go- 
ing up ;  who  afterwards  went  to  sir  Robert 
Clayton  and  made  oath  of  the  assault,  and 
had  a  warrant  against  the  said  Quiney,  who 
was  taken  by  a  constable  at  the  head  of  his 
company,  and  carried  before  the  lord  mayor 
himself,  who  bound  him  over  to  the  sessions ; 
these  guards  also  gave  great  dissatislactJOB 
to  many  citizens,  complaining  that  they  had 
a  military  power  set  over  them.  After  some 
time,  the  lord  mayor  and  aldermen  came 
upon  the  hustings;  proclamation  was 
made  for  Dudley  North  aiid  Peter  Rich, 
esqrs.  to  come  fprth  to  enter  upon  the  office 
of  sheriffs ;  they  presenting  themselves  to 
the  court,  the  common  serjeant  began  to  ad- 
minister the  oaths,  when  Mr.  PapilUon  and 
Mr.  Dubois  laid  their  hands  also  on  the 
book ;  but  the  lord  mayor  commanded  them, 
in  the  king's  name,  to  depart  and  keep  the 
peace ;  so  they  departed,  and  several  of  the 
aldermen,  who  wereof  their  side,  went  out 
of  the  court  also.  After  Mr.  North  and  Mr* 
Rich  were  sworn,  they  were  apparelled  ia 
their  fur  gowns  aud  gold  chains,  and  Mr. 
Hastings  was  sworn  under-sheriff^  which 
ended,  his  lordship  walked  home  on  foot, 
with  the  new  slieriffs  and  some  of  the  alder- 
men of  his  party,  ami  were  afterwards  en- 
tertained by  the  new  sheriff<t  in  Grooers'- 
hall ;  and,  m  the  afternoon,  the  new  sheriffo 
sent  to  the  old  ones  to  deliver  jip  the  gaoJt 
and  prisons,  which  they  readily  performed. 

**  It  b^g  usual  for  the  old  sheriffs  to  treat 
the  lord  mayor,  &c.  on  Michaelraas-day* 
Mr.  Pilkington  and  Mr.  Shute  sent  to  hia 
lordship  the  night  before,  that  since  the  city 
was  come  under  a  military  govemmenl^ 


tl9]    STATE  TRIALS^  $5  ChaklbsII.  i6B5^7nial  of  Tkomci  PWghtgl&m    t23D 


«c 


<( 


tbev  thought  it  no  vraper  time  for  fe«^'fie[) 
ai^athererore  should  not  eoi^rtaiii  his  loro- 
ship  to-morrow. 

Oct.  SS.  There  was  klM  a  xtiotibil  (br  a 
Nandflmns  to  be  directed,  to  the  lord  mayor 
and  aldermen  of  London,  for  the  swearingftr. 
Papillioa  afid  Mr.  Dubois  into  the  office  of 
feherifi^  of  London,  but  the  court  ordered 
cause  to  be  shewn  oh  Monday  next. 
Norembef .  The  23rd  of  last  month  brings 
the  first  day  of  the  term,  a  motion  was  made 
at  the  King'S-bench  bar  for  a  Mandamas  to 
be  directed  to  the  lord  mayor  and  aldermen 
of  the  city  of  London,  for  swearing  Thomas 
Papillion  and  John  Dubois  sherifft  of  the 
Said  city ;  but  the  court  thought  fit  to  give 
the  lord  mayor,  5cc.  till  Monday  the  30th 
of  the  same  month,  to  shew  cause  why  a 
Mandamus  should  not  ffo ;  which  day  com- 
hig,  counsel  for  his  lordship  moved,  that  in 
regard  that  was  the  day  the  now  lord  mayor 
entered  on  his  ofiice,xand  was  a  busy  day  in 
the  dty,  they  desired  further  time  to  shew 
cause,  which  the  court  granted  till  Friday 
the  drd  of  this  month ;  which  day  also  com- 
ing, the  court  put  it  off  to  Tuesday  the  7th 
instant,  in  regard  they  were  to  go  into  the 
£xche<fuer  to  the  pricking  of  sheriffs ;  then 
it  came  on  the  7thj  and  counsel  fbr.the  lord 
mayor  objected  that  they  would  take  out  a 
Mandamtn  directed  to  the  wrong  persons, 
iriz.  the  lord  mayor  and  aldermen,  where- 
tts  they  ought  to  direct  ;t  to  the  court  of 
the  lord  mayor  and  aldermen ;  counsel  on 
the  other  side  for  Mr.  Papitlion  and  lilr. 
Doboissaid,  they  desired  nothing  but  that 
ihe  writ  should  go  out  to  the  proper  offi- 
^rs,  and  that  the  matter  migut  come  to 
ft  bearhig,  and  it  was  at  their  peri!  if  they 
took  it  out  directed  to  a  wrong  person.  Now 
the  court  thought  fit  to  put  it  off  till  Tues- 
day next  to  consider  how  the  practice  has 
been  to  direct  Mandamuses  in  such  cases ; 
this,  if  it  were  in  an  ordinary  case  a  Man- 
damus, Would  have  been  granted  on  the  first 
motion. 

*  At  last  the  court  of  King*8- blench  Are  come 
io  a  resolution  in  the  case  of  the  Mandamus 
io  swear  Mr.  Papillion  and  Mr.  Ddbois  she- 
tifft  elect,  and  they  ordered,  the  15fh,  that 
A  Maiidamns  should  go  directed  to  the  lord 
ftiayor  and  aldermen. 

*  An*  alias  Mandkmos  was  granted  the  sfiine 
day  fbr  the  swearing  Mr.  FapilliOtt  aiid  Mr. 

'  JKlbois  sheriffif  of  London."]; 


rOEr  INFORMATION.* 

LoddM,  it. 

{(Bit  remembered,  that  Robert  Sawyer,  Imt, 
Attorney  general  of  our  lord  the  kiag,  who  far 


*  The  original  Indictment  runstbiia: 
"  London  $t*  Quod  24  die  Junit,  anno  reeni 
!Q[>ouiuCaioli0Bciiadi  nuBC  Rcgia  Aogl V  £c 


our  said  lord  tlie  king  in  tbis  bsjalf 
teth,  ooBneth  into  court  ill  his  ^rttperpenov  oil 
Friday  next  after  fifieen  davs  ^  ttie  Hbl^ 
Trini^,  in  this  same  teriBf  and  fbr  oilr  iaid  lord 
the  king  doth  give  ihe  oOiut  bare  td  undentand 
and  be  informed,  that  the  24th  da|r  of iiutef  in  tb^ 

84.  apud  Guildhall  dvit*  London  ousedam  Gur 
assembiatioQ*  civiiun  et  lihieror*  hotilin*  cfvit^ 
London  (community  vocat*  a  Comm&ii  HaUijpef 
Jobaanem  Moore,  Mil*,  adtunc  et  adbile  lla- 
jorem  civit'  Lgndon,  summoiiit*  et  «oiivdcnt* 
coram  eodem  J.  Moore  Mils  M^^ore  mii' 
pnedS  le^ntimo  modo  tetit*  fyit  tarn  dHi  ddiitf 
election' Vic'  civit'  pro  execution'  Oflic*  Yic' 
civit'  prsd'  pro  uno  adnointepv  jirox*  sofneB^ 
post  vigil'  festi  sancti  MichacJu  Areh'  aOtima  et 
adhuc  prox*  futur*,  qnam  proi^e^stion'  divcafaor* 
al'  officiar*  civit'  pned'.iqtlodq;  adtanc  etihideiift 
in  Cur*  prsd*  incept'  fuit  ntunetara  capita  (An- 
glice  to  take  the  F4UI)  de  electorib'  tilnd  eft 
3>idem  prcesentib'  pro  manifestatione  deoliMiis 
personar'  deservitur'  in  oflic'  Vic'  civit^  pfiad' 

Sro  anno  suprad',  quodq;  pned'  J.  Moore  Mils 
la^or  eivit'  pripdict',-  postea  eddem  84  di^ 
JunUanno  r^gni  dicti  Dom'  Regis  nunc  S4  «a-> 
prad'  apod  Guildhall  eivit'  London*  prfed^  m 
paroch'  sancti  Michaelis  BaasUbaw  Laiidon 
pned' legitimo  modo  fecit  et  fieri  caosatitpro- 
cbmaiion'  pro  adjom'  Cm"  ftwd*  me  ot  prMor- 
tar*  tent'  et  adtunc  et  ibid'  pr»d'  J.  Moore  MilS 
Mi^or  civit'  pned',  cur'  pned'  legitimo  naodo 
usque  diem  Martis  tuqc  prdlx'  fiittn*',  aiyomant 
apud  Guildhall  civit*  London  praed'  tenend'^  et 
adtiwc  et  ibidem  post  atyomment^  prsd',  aicut 
prKfertur'  fact'  prsd*,  «F.  Mooje  Mil',  M^or 
civit'  London  piied'  fecit  et  ften  cawsavic  ]pro- 
chunatioa'  jpuolicam  pro  deoeaiion'  omnioni 
personar'  ibidem  ex  oocaaione  prad'asateiUat** 
£t  ttkerhis  idem  Attorn'  dipt!  Domibi  Rteia 
nunc  ^eral'  pro  eodett  Domiibo  Rm  at 
Cur'  hic  inteKigi  et  intdmuiri,  qoMiA  Thoaia* 
PiUungton  nnper  de  London  Ar'  et  StDMiel 
l^hute  nuper  de  London  Ar*  (tiAio  Vic'  iSlvit* 
London'  prttd*V,  el  Henr*  €<mtb  nvati  de 
London  Ar*,  Ford  Donuniis  Grey  de  iVaikea 
Thonuis  Gold  nuper  de  Lokidon  lb',  Johaiinee 
Shorter  nuper  de  London  MH',  TMwb  Player 
nnper  de  London  Mil*  WiMiehnna  OnbtoB 
nuper  de  London  Mil*,  SKnesby  Bethel  ntip^  de 
London  Ar*,  Nelthlope  n«|^  de  ban  - 

don  Ar',  Johannes  Aylifio  nnper  de  LomUns 
Ar*,  Johannes  EUis  naner  de  LSndnn  Ar*,  Fian- 
ciscus  Jenks  nnper  de  London  linMar*,^  Rober* 
tus  Barker  nuper  de  London  Gen*,  Jobnance 
Beagle  nnper  de  Londoir  Pannar*,  Ricbaidae 
Freeman  nnper  de  I^mdon  Catfearins,'  Bcswa» 
min  Smith  nuper  de  Londtn  G^',  Richardus 
Goodenough  nuper  de  Loodoii  Gnn*,'  R.  Kay 
nuper  de  London  Merealor,  Lney  KnigMUgr 
nuper  de  London  Gen*, .  Jobannea  WMkbam 
nuper  de  London-  Gen',  Sanniel  Swynft^k  neper 
de  London  Mercator,  Joabna  Brma  Bmpdf  de 
London  GenS  Jo*  Jekyfl*  nnper  de  Lonriott 
Gen*,  Donnan  Newmaii  nnper  dp  JLondon 
G«n*,  t.  Rnwbnaon  nuperda  Lqwton  Gen*,  T. 
.  CerpenlflrMVerdaLQiMhMt'OeiifyT.Gbailalaia 


m] 


m:hTltVmAM,9ie^knmlll€%s,M.mii4hf^f»MRM.      [t4« 


dyiM-M  Qflb^city  qfLpoOmi,  ^pfm^oooil 
ftrmrpWi^y  t^?  citiza^  anA  ivetmeii  of  the 

4RPiiiMype4  w4  c^llffi  hy  «it  ^.  Howe,  Imgbt, 

Iba  and  y^  VM^W  «f  tli^  cil^  of  io«i4p«»  w^ 


in  « lawful  maiiQar  hM  Move  the  said  nr  Joba* 
Moor^,  knight,  mayor  of  the  city  aforesaid,  a* 
veUibr  the  due  election  of  shenffs  of  the^ty 
aforesaid,  for  the  execution  of  the  office  of  she-. 
jiflToftbe  said  city  for  one  whete  year/noKl 
fodoving  after  the  Yigil  of  thefeaat  of  8l.Michael 


Wfn  de  London  GeaS  Johannes  ^^U  jun. 
napo-  de  |xmdo^  Gc^S  ¥^<  Alsep  iiqper  de 
LoQiloB  GenS  M.  Bl^cito^  Q^HP>^  <^  Mkndoo 
(kn%  Can .  Batiynan  nuper  de  Lon^^n  QenS 
JdwBM  Tr«nchard  nuper  de  London  Ar^, 
Sn*  MiPer  auper  de  London  GenS  J.?rvaa  By- 
M  nnQer  de  London  Qea';  W.  Peachy  nuper 
k  Londc^  G?i\S  et  ^^ardus  F^rring^^n 
ifjper  de  Lepit^n  Ar^i  pniunis^'  Wd'  satia 
^nnS  sol  exirten^  wsr^on'  male  dttppaitS  et , 
wcbhiyi*  et  u&teniki^i'  pacem  dict^  Domini 
Regis  nunc  et  comnmnem  tranquiHitaV  hi^us 
n«  Awl' uiquielare)  moles|aio»  et  pei:t9rb«re» 
^pnr^T.  PiQangton  et  &  Shu^  sob  colore 
ifiqi  ¥1^  crrit'  V»d(»i  pisedS  et  pried^  H.  Cor* 
aik.  Ford  D^mifma  Giey,  T.  Gold  Mils  J. 
S|orier  ^^^  &^  poej^  e^  pgsta4iomament< 

dS  sat  dii^  94  4\e  iuaji  anno  vegn^  dicti 
ini  Hegia  nunc  34  supradS  apnd  pa^roch^ 
t«|c4  MJcbarifn  B.  London  pnedS  «)  Guildh^U 
ped*  ibidein  n  et  annis^  &c.  riotow,  soutoc^ 
ilficile,  et  flis^tios^  49se  cum  ylur*  al*  person*. 
iHaje  difpwiit'i  eti  P?cis  dicU  I>omini  Be^^ 
^KICtii^i^aM^S  rt  num^  g^fle  persons**. 
,4iij^«  dM^JPQlBhii  B|9gif^i^oc  genecalS 
iMpqgnit*  ^fliemblayer*,  congr^gaver^  et 
ni4j^^yet'.9d  pap^  dicti  Domini  Regis  nunc 
yfi;^dhji|»4.«.;  et  sipaa^embMS  oon(pegmt«^  et 
ysdyini*  eiostenS  adtunc  et  ibidem  ¥l  et  annis, 
«p.  Tiprtqee,  voifliHWi,  el  ilHcite,  io.  et  sj^per  pred' 
J.  Hoore.  l|ilS  Bi^i9r'  c^ivit'  pned'  ia  pace  Dei 
ei^acti  Dfun'  Regiftadtunpetibid*  exiatenS  hi- 
a^  «^aQrai|i|n  C^^,  etipaiini  Johapnem  Moore 
Jffi^  MtnaQ  ei.ibifl'  TerbenorerS  Yulneraver^,  et 
n|letnM^^f^>.  ita  q^uod  de  vita  ejua  ma;xim^ 
fejperililftlur:  etpostaii^n^ament'pra^f,etpror 
jIunAt^*  FiraodS  ajc  ^t  lype^fertar  per  prafat? 
4.1ipe9e  ifibl*  M^r'  civit'  prasd*  $M!tf,  ip^i 
nff  T«  Pilkington  et  San^uel  Sbut^,  adtunc 
<i  Mto»  c^tof  ^  officii  8|M  Yic«  dYit^  Lon^kin' 
udl,  ^  ara4'  Hispr'  Cornish,  Ford  QM>ininu#. 
^,  t.Q^JUiilLS  J.  Shorter  Mils  ^^  cnm 
fan^  al*  fMenw^nf  ^dem  Attorn*  dictjk  Doyiini 
fiaB%B||D^  flepaeral*  adhuc  incognitS  pnefiu* 
t/R  efcS.  SMe  ilhcite  et  seditiqse  %ia9lia9<  «|t, 


PiAkipgton»  &  Shute,  H.  Coraiih^  Fo«d  Domi* 
nils  Grev,  T.  GoM  Mils  J.  Shorter  MUS  et  al< 
tunc  et  ftiftdem  pned*  •  illicite  et  male  dispoait^ 
persons  tic  ut  pra^iertur  asseaohiat*  «t  congre*' 
g^t*  vi  et  annis,  &c.  riotose,  routoae^  illicite  el. 
seditioae,  per  spatium  trium  horar*  ad  pacem 
dicti  Qommi  Hegis  nnai;  perturbaad^,  etriol^ 
pr^*  committeud*  excitaver*,  moveaS  pnnaia- 
▼erS  procnraFer^,  e^sdtunc  ^t  Uadem^  per  lolotti 
tempos  pvodidwiK  in  paroeh'  et  varda  pae* 
dicta  GuildhaU  London  prvdS  magnos  rumovet 
damores,  vooilevatioBea  torribilos,  et  inselito^ 
atridpresy  vi  et  wm^  &c.  riojboseV  fqmIousq^  el 
illicitae  tuuBidjtooae,  et  aeditiose  leoer*,  et  fieci 
oftivwver*  ^  ex«iMvrer^»  in  ooi^mpt*  diai  Dn^ 
mim  Regfianune,  leffumq;  auairS  paciaqne  sn* 
pertiirbo^nS  ^  violation*  manifesl«,  ad  magn^ 
pericul*  indtiwd*  etmovend*  tumult*,  eteiuaion^ 
quamplurimmn  sanguinis  iidem,  ad  magn* 
torror*,  in(|aietod*»  et  tin>or*  omn*  ligeoK*  subdit' 
dictji  ]>oauni  Hem»  in  makiip  axemplnm  omn* 
al*  in  tab  ca^n  diSiuquen*,  et  contm  pacem  dicti 
Domini  Regis  nunc,  coron*  et  dignitat*  mufm^ 
Sifi.  Undo  idem  Attorn^  dicti  Domini  H^a 
nunc  general*  pro  eodem  Doooino  Begi  pet*  ad-^ 
TJsfunent*  Cvr*  hie  in  jpfseHUss*  et  debii*  legUL 

ress*  versoB  pnefat*  T.  PiUungton,  $•  Shutoi 
Cornish,  Ford  Dominum  Gt»y»  %  QM, 
Mil*,  J.  Shorter  Mil*,  <Sce.  in  hac  ^j$e  fieni  a4 
respondend*  dictoDom*  Bf^de  et  m  pratoMSsS, 
(kc.  per  quod  imeoept*  fuit  Via*  civit*  London 
prad*,  quod  venire  iao*  eoa  ad  responds  6cc4 
l^tmodo,8cil^,  die  Meivur*  fros.^  jioattreasepR 
timan*  sanctve  Trin*,  coram  Dona*  Bisge  apudi 
WestmS  ven*  prted*  T.  Pilldngton,  Sk  Sinte,  eH 
Richfirdua  Goodenough,  per  Benedict*  Brow* 
AjktcMmaiMm  auuisy  ethabito  audita  informalioni**^ 
prosd*,  sQpamtim  dicunt,  quod  ipsi  non  sunt  iadai 
cuip*,  et  de  hoc  pon*  se  sepuratim  super  patriam': 
Btpr^d*  B.  ^w}iier  Mil*,  Attorn*  Dem'  Begpn 
none  generals  ^  P^  eodem  l>omino  R^jfemi 
h^  partly  sequitur  simiht',  5ic.  £t  super  bo***' 
idem  Atlom*  dicti  Dom'  B^;h(  wine  Ciei^ral*^. 
pro  eodem  Dominp  B^  dicit,  et  Cur*  hie  o»-, 
teuditk  qned  TiMcaaaPi&ngtonetS.  ShutoA^ 


il^dc^'coqtintiayer*  adcsp^tanipnenmdf 
tahs,  thfi  Foil)  de  person*  sicad  tmic 
it  ihi/tfwa  iVr"V*  a^seinhlatS  tapqusm  et  q^a6i 
tpdem  pOTwm*  li^te  a^sei^iVlat*  fiussent  pro 
Actione  ric'  ci?it*  ^aod* :  !^t  quod  prs4*  T. 
tl&(«ShiiEte,  H.  Cornish,  Ford  Doiiuuus  Grc^ 
t.  Gobi  Mil*^  J.  Shorter  Mil*,  6cc.  time  et  ibir 
4pa  iUkate,  tumultuoaet  c^seditioaa,  atSim^fer*, 
Ct  qoili^brt  eor*  affirmayit,  dixit,  et  alt^  voce 
Boed*  male  diapcysit*  p^raonij^  aflSiynaritt  quod 

Sd^  Johanna  Moore,  MilS  Major  civit*  Lon- 
;  pneds  illicite  et  i^juste  assumpsisset  super 
« liMal*  adi  adjornaiid*  Cur*,  mm  sibiprced* 
4.' Mom  iMMi  pcftmfitali,;  %wn|)im  pjEveifb  *£. 


vl  et.  armis,  &c.  riotqi^,  r^^itose  et    dup  defend*  superius  nonvi&atS,  V-ioeeom'  cinl^ 


London  pr^d*  ad  pneseos  Q(iati^lt^  tamen  ips* 
idem  Attoum*  dicti  Domini  Begis  nunc  Genew 
pvo  eodem  Domino  Regt  pet^  brei^ft  DaminL 
lUgps  pis^t*  Vie*  LondoD  dirigendS  de  venite 
^*  coram  Domino  Rege  dutNlecim^  8tc.  ad 
triand*  exit^  pcaiiat*   int*  dictum.  Domimmii 
'Aegean  ett  partes  pned*6upenu(siin  forma.psied* 
JuDMct* :  Bt.quia  pned*  defend'  hoonondedicS. 
idoo  preicept^  eat  preaiat*  Vic*  civit*  London^ 
quod  yenire  fac'  coram  Dom^  Be^,  a  die  sanetit 
Michaeli^  in  tres  septiman*  ubicuiMpie,  Sec* 
duod«)cim,  &c.  per  qoos,  &c.  et  qni^  6iCi  adi 
recQgn*  &lc.  quia  tam»  (xc.  idem  die&dat*  estc 
tarn  pc#ftt*  B.  Saniytt  Mil*<i  qui  swyittmy  (Sow 


J   I 


tiS]    STATE  TRIALS,  55  Chasles H.  iMS— THii/ 6/ Thmgi  PUkingtan    [j»?4 


tben  and  yet  neict  coming,  as  fortbe  election 
«f  divers  other  officers  of  the  said  city  ;  and 
dien  and  there  id  the  said  court  it  was  beg-un  to 
take  the  poll  of  the  eleccoi^  then  and  there  pre- 
sent, for  the  making  known  of  the  election  of 
the  persons  to  serve  in  the  office  of  sheriffs  of 
the  said  city,  for  the  year  aforesaid.  And  that 
the  said  sir  John  Moore,  knight,  mayor  of  the 
sai^  city,  afterwards  the  said  241  h  day  of  June, 
in  the  24th  year  aforesaid,  at  Guild-hall  of  the 
said  city  of  London,,  (to  wit)  in  the  parish  of  St. 
Michael  Basstshaw,  ].<ottdon,  in  a  lawful 
manner  did  make  and  cause  to  be  made  procla- 
mation for  the  adjourning  of  the  said  cou|t  so  as 
fdbresaid  held,  and  then  and  there  did  adjourn 
the  said  court  until  Tuekiday  then  next  following 
to  be  held  at  the  Guild-hall  of  the  ssid  city  of 
London  ;  and  then  and  there  after  the  said  ad- 

' — 1 

qaam  prad'  T.  P.  S.  S.  et  R.  G'  &c.  Ad  quas 
quid'  tres  septiman*  sancti  MichaeHs  coram 
dicto  DominaRege  ven'  tam  prsed'  R.  Sawyer 
Mils  qui  sequitur,  &c.  quam  prsed'  T.  P.  8.  S. 
et  R.  G.  per  Attorn*  $uu*  preed' :  Et  Vic<  civit' 
London  non  miser'  inde  breve,  ideosicut  al'  ven' 
inde  Jur'  coram  dicto  Dom*  Rege  in  octab^ 
sancti  Hflar*  ubicunque,  &c.  per  quos,  &c.  et 

3ai'  &c.  ad  recoff',  &c.  q^ia  tam  &c.  idem  dies 
9t^  est  tam  praefat'  R.  lawyer  Mil^  qui  scqui- 
tar,  &c.  quam  prsed'  T.  P.  H.  S.  et  R.  G.  6cc, 
ad  quas  quidem  Octab*  sancti  Hilar'  coram 
^Hcto  Domino  Rege  apud  Westm'  ven'  tam 
praefat'  R.  S.  Mil',  qui  sequitur,  &c.  quam 
prssd'  T.  P.  S.  S.  et  R.  G.  per  Attorn'  suum 
prsd',  etFord  Dominus  Grey,  H.  Cornish,  T. 
Gold  Mil',  J.  Shorter  Mil','T.  Pktyer  Mils 
&rc.  per  prsfatf  B.  B.  Attorn'  sou*  similiter 
¥en',  et  habito  auditu  information'  prsd'  se- 
paratim  dicunt,  quod  ipsi  non  sunt  inde  culp'  et 
lie  hoc  similiter  separatim  pon'  se  super  patnam. 
JEt  prard'  R.  Sawyer  Biil',  Attorn'  Domini  Regis 
nunc  General',  qui  pro  eodem  Dommo  R^e 
in  hac  parte  sequitur,  similiter,  &c.  id^, 
sicot  al'  ven'  inde  jur*  coram  dicto  Domino 
Hege  in  octab'  Pur*  beats;  Mariie  Virginis, 
ubicunque,  Sec.  per  qiios,  &c.  et  qui  nee, 
te.  ad  recogn',  &c.  qui  tam'.  Sec,  idem 
dies  dat'  est  tam  preefaf  R.  Sawyer  Mil',  qui 
seqoitnr,  Sec,  quam  nrted'  T.  P.  S.  S.  R.  G. 
JE'ord  Domino  Urey,  Sec:  ad  quos  quidem  octab' 
Pur*  beate  Mariee  Virginis,  coram  Domino 
Bcge  apud  Westm',  ven'  tam  prefat'  R.  Saw- 
yer, Mil',  qui  sequitur.  Sec.  quam  pr«d'  T.  P. 
S.  S.  R.G,  Ford  Dominus  Grey,  H.  C.  T.  G. 
Mil',  Sec*  per  Attorn'  siium  prssd' :  £t  Vic' 
civit'  London  prsed*  retom'  nomina  duodecim' 
jar*,  quor*  nul*,  Sec.  ideo  preecept'  est  Vic' 
pned',  quod'  discing'  eos  per  omnes  ter*,  Sec.  et 
quod  de  exit',  &c.  et  quod  habeant  corpora 
eor'  coram  dicto  Domino  Rege  a  die  Pisflcb'  in 
qwindecim  septiman',  ubicunque,  Sec.  vel  coram 
dilect'  et  fidel'  Domini  Reg^  Edwardo  Saun- 
ders Mil',  Capital'  Justic'  Domini  Re^  ad 
placitaooram  ipso  Regetenend'  assigns  si  prius 
die  Blartis  prox'  post  mensem  Paschs,  apud 
Gttiidhall  civit'  London,  perfdrmam  statut',&c. 
Tea'  pro  deteu  jur*,  &c.  idep  Y\fi^  babeaot  cor- 


joumment,  so  as  aforesaid  made,  the  said  sh- 
John  Moore,  knight,  mayor  of  the  said  city  of 
London,  did  make  and  cause  to  be  made  public 
proclamation  for  the  departure  of  all  persons 
upon  the  said  occasion  there  assemUcd:  and 
ftirther  tbesaid  attorney  fi;eneral  d^h  give  the 
court  to  understand  and  be  informed^  That 
Thomas  Pilkington,  late  of  London,  esq.  and 
Hamnel  Shute,  late  ofLondon,  esq.  then  she- 
rifis  of  the  said  city  of  London,  and  Heory 
Cornish,  late  of  l^ondon,  esq.  Ford  lord  Grey 
of  Werk,  See,  the  said  premises  sufficiently 
knowing,  but  being  ill  disposed  jierson-;,  and  de- 
vising and  inten£ng  to  disquiet,  molest  and 
trouUe  the  peace  of  our  said  lord  the  king'^ 
and  the  common  tranquillity  of  this  kingdom 
of  England,  they  the  said  Thomas  Pilkington 
and  Samuel  Shute,  under  colour  of  the  office  of 

pora.  Sec.  ad  recogn'  in  formapriBd',  Sec,  Idem. 
dies  dat'  est  tam  pneftkt'  R.  »iwyer  Mil',  qot» 
&c.  quam  prsed'  T.  P.  S.  S.  R.  G.  FOrd 
Domino  Gi-ey,  H.  O.  T.  G.  MU',  Sec,  ad 
quas  'quidem  quinque  septiman*  Paschie,  isto 
eodem  tcrmino,  cor'  Domino  Bjege  apod 
Westm',  ven'  tam'  prafiit*  R.  S.  M'd',  qiu 
sequitur,  &c.  quam  praed'  T.  P.  S.  S.  R.  G. 
Ford  Dominus  Grey,  H.  C.  Sec.  per  Attorn* 
suum  praed',  et  pnefat'  Capital'  Justic', 
coram  quo,  See.  mis'  hie  record*  suum  corani 
eo  habits  in  haec  verba,  Postea,  die  et  loco  infra 
content',  coram  infra  nominal'  Edwardo  Saun- 
dei<8  Mil',  Capital'  Justic'  dicti  Domini  Regis 
infra  scripf,  associat'  sibi  Edwardo  Watts  Gen*, 
per  foniiam  statut',  &c.  ven'  tam  infra  nominat* 
K.  Sawver  Mil',  Attorn'  Domini  Regis  mine 
Generaf',  qui'  sequitur,  Soc.  quam  pned'  T.  P. 
S.S.R.  G.  Ford  Dominus  Grey,  U.  C.  &c. 
per  Attorn'  suum  infra  script'  :  Etjur*  jurats 
unde  infra  fit  mentio  exact'  ven'  et  in  jnr'  ill« 
jurat'  existunt,  et  super  hoc  publica  proclama- 
tiopro  Domino  Rege  fact',  prout  mos  esi,  qood 
si  aliquis  sit,  qui  prcfat'  Capital'  Justic',  aut 
Servien'  dicti  Domini  Rcfna  ad  legem  ;  aut 
Attornatum  ilicti  Domini  Re^  Generalis^aiit 
jur'  prssd',  de  infra  content'  inlbrmare  vellety 
veniret,  et  audiret ;  et  super  hoc  Geoigius  JeT- 
fereys  Mil'  et  Bar',  ex  parte  dicti  Dom'  Reg*  ad 
hoc  fac*  se  obtulit,  super  quo  process'  est  per  car* 
hie  ad  caption' jur'  praed' pro  jur*  nrsed'  modo 
compareil',  qui  ad  veritat'  de  infra  oontent', 
elect',  triat',  et  jurat'  super  sacramentiim  pned* 
dicimt,  quod  oned'T.  Gold  Mil',  J.  Brooks,  W. 
Miller,  T.  Charlton,  D.  Newman,  J.  Jekyll 
junS  B.  Alsop,  M.  Meriton,  J.  Trenchard,  et  J. 
Byfield,  non  sunt  culp',  nee  eor*  aliquis  cidp^ 
estde  premiss'  in  informatione  in  recordo  pned* 
mentionaf ,  prout  interius  plaettando  aUegaver*: 
et  ulteritts  jur'  prsd'  super  sacramentum  suum 
pned'  dicunt,  quod  pnrd'  T.Pilkinglon,  8.  Shute, 
Ford  Dominus  Grey,  T.  Player  Mil'  S.  Betbett 
Arms  FJenks,  J.Deade,  R.Freeman,  R.Good- 
enoufi^h,  R.  Kay,  J.  Widcham,  S.  Swynock,  et 
S.  Jekyll  sen',  sunt  cuTp',  et  qnilibet  eor*  est 
culp' de  premiss'  in  intormatione  infVa'scrij|it' 
mentionat',  prout  per  raformation'  pned*  intenua 
versus  eo0  suppoaitur,  ideo,  See," 


es]        STATBf  TRIALS,  35  Oharlb«  Ih  1 66$.'^ndMeri,fi4'  m 


[%26 


therifh  of  the  said  citv.of  {london,  and  the  said 
Hcoffj  Coraiab,  Pord  lord  13rey,  ta^d  others 
afterwards,  and  after  the  adjournment  aforesaid 
(to  wit)  thesind24thday  of  June,in  the  34th 
year  aforesaid,  at  the  parish  of  St.  Michael 
Baasiahaw,  London,  aforesaid,  in  the  said  Guild- 
hall, there  with  force  and  arms,  riotously,  rout- 
aody,  unlawfully,  and  seditionslv,  did  assemble, 
congregate,  and  unite  themselves  with  very 
many  other  ill-disposed  persons,  and  breakers 
«f  the  peace  oT  our  said  lord,  the  king,  to  the 
nomber  of  1,CM  |)ersons,  to  the  said  attorney 
ffeneral  of  our  said  lord  the  king  as  yet  un- 
KBOwn,  to  disturb  the  peace  of  our  said  lord  the 
king ;  and  being  so  assembled,  congregated, 
and  united,  (hen  and  there  with  force  and  aims, 
Sec.  riotously,  routously,  and  unlawfully,  in 
and  upon  the  said  sir  John  Moore,  knight,  mayor 
«f  the  city  aforesaid,  in  the  peace  or  God,  and 
•or  said  lord  the  kine,  then  and  there  beingp, 
did  nudEe  an  assault  ana  affray,  and  him  thie  said 
nr  John  Moore,  knight,  then  and  there  did 
beat,  wound,  and  evil-mtreat,  so  that  of  his  life 
it  was  gretttfy  despaired ;  and  afler  the  adjouni- 
meat  aforesiiid,  and  proclalnation  so  sis  afore- 
said made  by  the  said  sir  John  Moore,  knight, 
niATor  of  the  said  city,  they  the  said  Thomas 
Firiungton  and  Samuel  l^ute,  then  and  there 
by  colour  of  their  office  of  sheriffs  of  the  said 
City  of  London,  and  the  said  Henry  Cornish, 
Ford  knrd  Grey,  &c.  with  divers  other  persons 
lo  the  said  attorney-general  of  our  said  lot  d  the 
Idns^asyet  unknown,  unlawfally  and  sediti> 
OBsiy  aiding  and  assisting  the  said  Thomas  1^1- 
kinijgton  and  Samuel  Sbute  with  force  and  arms, 
dee.  rioioosly,  routously,  and  un1awfiilh%  did 
there  continue  to  take  the  poll  of  the  ])ersons 
so  then  and  there  unlawfully  assembled,  as  if  Ihu 
said  persons  had  been  lawfully  assen^blcd  for 
the  election  of  sheriffs  of  the  said  city  ;  and  that 
the  said  Thomas  Rlkington,    Samuel  Shute, 
HeiUT  Cornish,  &c.  then  and  there  unlawfully, 
tnmultvoiislv,  and  seditiously,  did  affirm,  and 
erery  one  of  them  did  affirm,  say  and  with  a 
kmd  voice  to  the  said  ill-disposed  persons  a  Hi  mi, 
fhat  the  said  sir  John  Moore,  knight,  mayor 
of  the  said  city  of  London,  did  unlawfully  and 
umostly  assume  upon  himsdf  the  liberty  to 
a^oum  the  said  coort,'which  did  not  belong  to 
bim  :  and  that  the  said  ThomtTs  Pilkin^on, 
Hamnel  Shute,  Henry  Cornish,  <&c.  then  and 
ihoe,  the  said  unlawful  and  ill-disposed  persons 
so  as  aforesaid,  assembled  and  6oii<;regated 
with  force  and  arms,  riotously,  routoiisl^r,  un- 
hwfollyy  and  seditiously,  by  the  space  of  three 
hDors  to  disturb  the  peace  of  our  said  lord  the 
long,  and  to  commit  the  riot  aforesaid,  did  stir 
ap,  move,  persuade,  procure,  and  then  and  there 
by  the  whole  time  aforesaid,  in  Guild-hall, 
London,   aforesaid,  in    the   parish  aforesaid, 
grest  nunoors,  cries,  hoUowin^s,  and  terrible 
asd  unwonted  noises,  with  force  and  arms,  Sec. 
'       lioloasly,  routously,  unlawfully,  tuniultuously 
I       sad  sexutiously,    did  make  and  cause  to  be 
aade,  and  did  stir  up,  in  contempt  of  our  said 
I      lord  the  king,  and  the  manifest  disturbance  and 
;       ii(4alion  orhis  laws,  and  his  peace,  to  the  great 
yoL.  IX. 


danger  of  stirriog  up  and  moving  of  a  tumult, 
and  the  spilling  of  much  bfood  there,  to  tha 
great  terror,  trouble,  and  fear  of  all  his  ma- 
jesty's liege -people,  subjects  of  our  said  lord  the 
King,  <  to  the  ill  example  of  all  others  in  the 
like  case  oflTending  ;  and  against  the  peace  of 
our  ^id  lord  the  king,  his  crown  and  dignity, 
&c.  Whereupon  the  said  atlomey-general  of 
our  said  lord  thekinff,  for  our  said  lord  the  king, 
pray eth  the  advice  or  the  conrt  in  the  premises, 
and  due  process  of  law  against  the  said  Tho- 
mas Pilkmgton,  Samuel  8hute,  Henry  Corni&h, 
Ford  lord  Grey,  Sec.  in  this  behalf  to  be  made 
to  answer  our  said  lord  the  king,  of  and  in  the 
premises,  Sec. 

[To  this  Information  the  defendants  had 
pleaded  Not  Guilty.] 

Cryer.  You  good  men  of  Nisi-Prios,  sum- 
moned to  appear  here  this  day,  between  our 
sovereign  lord  the  king,  add  Thomas  Pilkin^- 
lon,  and  others,  defeildants  f  answer  to  your 
names^  and  save  your  issues.^ 

The  Jury  appeared. 

Mr.  Sommcn.  My  lord,  I  anl  to  challenge  th> 
array. 

31  r.  Thompson,  My  lord,  I  desire  this  chal- 
lenge may  be  read. 

The  Challenge  read  in  French. 

Z.  C.  /  (Sir  Edroond  Saunders*).  Gentle- 
men, 1  am  sorry  yon  should  have  so  bad  an 
opinion  of  me,  as  to  be  ^o  little  a  lawyer  not  to 
know  this  is  but  a  triQe,  and  nothing  in  it. 
Pray,  gentlemen,  do  not  put  these  things  ui^oii 
me. 

*  A  very  curious  account  of  this  Chief  Jus- 
tice Saunders  is  given  by  Roger  North  in  his 
life  of  his  relation.  Lord  ICeeper  North.    It  ap- 
pears that  Saunders  at  tirst  was  no  better  tlum 
a  poor  beggar  boy,  if  not  a  parish  found liug, 
without  known  parents  or  relations.     We  hear 
of  him  early  in  fife  contrinng  to  subsist  in  Clc- 
mcnt*8-inn  by  obsequiousness,  arul  courting  the 
attorney's  clerks  for  scraps.     His  extraordi- 
nary   attention,  diligence,    and  what  Roger 
North  cnU.4  observance,  disposed  the  members 
of  the  Inn  to  countenance  him.    As  he  appear- 
ed very  ambitious  to  learn  to  write,  one  of  the 
uttomtcs  frot  a  board  knocked  up  at  a  window 
on  the  top  of  a  staircase,  and  that  wa$  his  desk 
where  he  sat,  and  -wrote  after'copies  of  court 
and  other  hands  which  the  clerks  gave  him. 
He   thus    made   some  pence    by   hackney- 
writing.    In  this  occupation  by    degrees  he 
acquired  a  conversancy  with    forms,  which 
branch  of  knowledge  he  cultivated  and  so  far 
improved  himself  in  it,  by  the  study  of  books 
which  he  borrowed,  as  to  be,  in  North's  phrase, 
an  exquisite  entering  clerk.     By  perseverance 
he  became  in  a  few  years  an  able  attorney,  and 
then  an  eminent  counsel,  first  in  special  plead- 
ing and  afterwards  in  general  business  ;  so  that 
while  h^  was  at  the  bar  his  practice  in  the  Court 
of  King's-bench  was  not  exceeded  by  that  of 
any  hamster.      His  art  and    cunning  were 


I 


M7]    STATE  TRIALS,  $S  CHarxes  IL  i6S5.— Tnrf  of  TkmMs 


[21S 


lord. 

X.  C.  J.  You  W9uld  not  have  done  ibis  before 
another  nidge :  vou  would  not  have  done  it,  if 
sir  Matthew  Hale  bad  been  here. 

Mr.  Thompson.  My  lord,  I  bebeve  if  there 
had  been  nothing  in  it,  it  would  not  have  been 
aigned. 

Mr.  Attorney  General  (sir  Robert  Sawyer.) 
Very  few  but  Mr.  Thompson  would  urge  iL 

Mr.  Thompson,  I  do  not  know  whether  you 
think  so,  or  not,  Mr.  Attorney  ;  but  I  have  a 
ereat  deal  to  offer,  if  you  please  to  answer  it. 
We  offer  our  Challenge  in  point  of  law. 

X.  C.  J.  There  is  no  law  in  it. 

Mr.  Thompson,  We  desire  it  may  be  read  in 
English. 

X.  C.  J.  Why  ?  Do  you  think  I  don't  un- 
derstand \X  ?  This  is  only  to  tickle  the  people. 

The  Challenge  read  by  the  Clerk  ac- 
cordingly. 

Serj.  Jefferies.  Here's  a  tale  of  a  tub,  indeed ! 

X.  C.  /.  Ay,  it  is  nothing  else ;  and  I 
wonder  lawyers  would  put  aucn  a  thmg  upon 
me. 

Mr.  Thompson,  My  tord,  we  desire  this 
Challenge  may  be  allowed. 

'  X.  C.  X    No,  indeed,  won't  I,  there  is  no 

equal  to  his  knowledge ;  and  his  success  in  the 
causes  in  which  he  waset^^aged  was  frequently 
effected  by  snares  and  other  tricks  of  his  con- 
trivance. The  detection  and  even  the  exposure 
of  his  oractices,  however  base  and  however  dis- 

Sraoenil  they  might  have  been,  seem  never  to 
ave  distreitfed  or  disconcerted  him.  Upon 
such  occasions  he  had  recourse  to  some  jest, 
with  which  sort  of  evaibion  he  was  very  ready, 
and  as  it  appears  very  successful.  In  the  pro- 
ceedings upon  the  Quo  Warranto  against  the 
citj^  of  London,  he  was  much  employed  for  the 
crown.  Of  his  personal  appearance  the  hea- 
viness and  awkwardness  is  said  to  have  been 
as  uuoommon  as  the  promptitune  and  vivacity 
of  his  intellect.  His  oody  is  represented  as  a 
lump  of  morbid  disgusting  and  oftensive  matter, 
fuid  the  same  brutish  insensibility  of  shame 
which  disposed  him  to  consider  his  base  viola- 
tions of  the  lowest  honesty  as  matter  of  mirth, 
enabled  him  to  indulge  in  gross  and  odious  ef- 
fusions of  coarse  and  vnl^  jocularity  upon 
the  most  loathsome  concomitants  of  his  diseases. 
He  was  the  author  of  a  book  of  Reports,  which 
are  composed  in  an  admirable  simplicity  of  con- 
struction, and  exhibited  with  a  lively  interesting 
dramatic  air,  and  in  a  style  of  exquisite  terse- 


Mr.  TJumpson.  1  desire  it  may  be  read,  my  j  colour  for  H ;  and  I  am  apt  to  think,  tfierc  ar» 

not  many  lawyers  in  England  would  bav* 
put  such  a  thing  upon  me :  because  I  am 
willing  to  hear  any  thing,  and  where  there  it 
any  colour  of  law,  i  am  not  willing  to  do  amiss  t 
Therefore  you  think  1  am  now  become  ao 
very  weak,  you  may  put  any  thing  upon  me  ; 
without  you  think  I  was  always  so,  and  there- 
fore may  be  so  at  this  time.  For,  pray  now 
consider,  if  so  be  the  king's  counsel  should 
come  and  plewl  this  Challenge,  what  would  b« 
the  consequence  of  it  P  I  thought  you  would 
have  said,  that  the  sheriff  had  been  a-kin  to 
the  king,  but  you  have  made  it  worse.  Yon 
do  come  with  a  long  tale  here  of  the  whole 
merits  Of  the  cause,  and  more  than  Vet  doth 
appear ;  and  by  this  you  would  have  tm  chal- 
lenge to  be  allowed  :  in  such  a  case  a  man  may 
come  and  tell  a  tale  of  the  merits  of  the  cause, 
and  then  it  must  be  tried  by  the  Challenge.  If 
the  sheriffs  do  return  an  inquest  for  the  kin|c, 
and  the  sheriffs  do  hold  of  the  king  a  fee-farndy 
or  have  a  pension  or  an  annuity  from  the  king*^ 
the  book  doth  say,  that  in  some  cases  it  is  s 
Challenge ;  for  though  they  cannot  be  chal  • 
lengcd  as  being  favourable  for  the  king,  yet 
for  those  reasons  they  may  be  challenged. 
But  what  is  here?  Here  you  tell  a  lOng  pro- 
cess concerning  a  difference.between  the  mayor 
and  the  sheriifs,  and  all  this  matter  is  wrapped 
up  all  together ;  and  if  all  this  were  true,  it  m 
no  Challenge  at  all. 

Mr.  Thompson.  We  shall  speak  witli  all  sub- 
mission to  your  judgment,  my  lord. — Good 
Mr.  Attorney,  give  me  leave. 

'Att,  Gen,  I  move  for  yon. 

Mr.  Thompson,  If  you  please,  you  may 
move  for  yourself;  T  don't  need  you  to  move 
for  me.  My  lord,  with  submission,  the  infor- 
mation is  not  good:  My  lord,  it  is  an  in- 
formation that  doth  set  forth,  tliat  my  k>rd 
mayor  had  right  of  adjourning  the  poll,  when 
an  election  is  to  be  for  sheritls.  My  lord,  if  he 
had  not  that  right,  it  can  be  no  riot  according 
to  this  information.  My  lord,  upon  his  ad- 
iouming,  Mr.  Sheriff  North  was  cliosen :  My 
lord,  if  tliat  adjournment  was  not  according  to 
law,  Mr.  Sheriff  North  never  was  sheriff  of 
London  ;  then,  my  lord,  here  is  the  case  in  this 
question  of  title;  for  Mr.  North  doth  come  in 
question.  Whether  he  be  a  legal  sheriff  of 
London?   •        _  . 

X.  C.  X    Prove  to  me  now  that  of  sheriff 
I  North;  pray  what  annuity,  pension,  or  fee- 
;  farm  hatn  he  as  sheriff  of  London,  whereby  he 
is  concerned? 

Mr.  Thompson,  My  lord,  there  are  other  rea- 


ness  and  precision.  Lord  Mansfield  denomi- 
nated him  the  Terence  of  Reporters.  It  must  sons  which  \  shall  sfiew  to  you ;  and  the  first 
not  be  omitted,  that  the  learned  seneant  Wil-  ,  reason,  my  lord,  in  this  case,  is  this  ;  it  wOl 
liams  has  by  bis  notes  rendered  the  ust  etlition  !  appear  the  election  of  Mr.  North  is  interested 
of  Saunders's  Reports  a  profound,  perspicuous,  !  in  this  matter ;  and  sir  John  Moore  had  not  an 
ample,  and  most  instructive  and  satisfactory  opportunity  to  adjourn  the  poll,  Mr.  North  was 
digest  6f  the  law,  respcctiojnr  the  important  not  chosen  duly  sheriff;  now,  if  thesheriff^s 
topics,  which  were  agitateil  in  the  causes  re-  choice  come  in  question  in  point  of  right,  it  is  e 
ported  by  his  anthor.    Since  this  note  was    good  Challenge. 

prepared,  the  profession  has  been  deprived  by  ;      X.  C.  X    In  point  of  profit  it  might  be  tao, 
daath  of  the  learned  Serjeant.  and  not  in  all  cases  neither  ;  for  he  Uiat  holds 


S99J         STATE  TRIALS,  35  Charlss  II.  l683.— Mif  aiker§^Jvr  «  Riot.         [2dO 

you  sa;  nothing,  that  the  Venire  should  not  go 
to  North.  ^ 

Mr.  Thompson.  No,  my  lord,  I  pray,  good 
my  lord 

L.  C.  J.  Should  it  have  gone   to  Dudley 
North,  and  then  hare  been  cliAllenged  for  him  f 

Mr.  IhfmptOH,  No,  I  beseech  your  lordship 
we  do  not  say  so.  My  lord,  we  say.  That 
whereas  they  do  charge  in  the  information, 
that  there  was  an  assembly  for  the  election  of 
sherifis  and  that  sir  John  Moore  beinff  then 
mayor,  did  lawfully,  according  to  law,  aqjoom 
this  assembly ;  and  that  aiWwards  the  de- 
fendants, PiJldngton  and  Shute,  did  continue 
this  assembly,  and  took  a  poll,  and  so  they 
would  make  this  a  riot  in  the  continuance  of  it . 
My  k>rd,  we  de  say  this.  That  the  election  of 
Mr.  North  upon  this,  point  doth  come  in  <{ues- 
tion  ;  and  my  lord,  we  do  say,  That  if  that  be 
not  a  legal  adjournment,  then  Mr.  North  is  not 
legally  chosen. 

L,  C.  J.  Right,  BOW  yon  have  told  it  in 
more  words. 

Mr.  'rhomp$on.  We  say.  If  the  election  b« 
interested,  they  are  all  partiies  by  law. 

Se^.  Jeff",  Who  would  you  have  the  process 
go  to  ? — Mr.  Thompton.  To  the  coroner. 

X.  C.  J.  Very  well,  upon  my  word.  If  he 
weresheriif,  it  cannot  go  to  the  coroner,  vou 
know,  and  therefore  if  he  were  challenged,  to 
go  to  the  coroner—-— 

Mr.  Thon^ton.  *  Sub  judice  lis  est,'  my  lord. 

Serj.  Jeff",  We  desire  for  the  king,  that  the 
challenge  may  be  over-ruled. 

L.  C.  J,  Ay,  ajr. 

Seij.  Jeff,  I  desire  the  jury  may  be  sworn. 

Mr.  mllianu.  Certainly  if  tliey  be  impa^ 
nelled  by  persons  that  are  not  sheriflb,  that  is^  a 


m  tapUc  of  the  king,  cannot  be  chal- 
lowed  for  all  that 

flDr,  ThoK^MBon,  I  think,  my  lord,  this  is  a 
commoa  case  in  our  books.  That  if  in  case  a 
sfaerifTbecxmcemed  m  point  of  title,  this  is  a 
princiiial  challenge,  because  that  he  is^  inte- 
rested in  that  titfe,  he  is  no  person  by  law  to 
retom  a  Jnry .    I  do  not  doubt  but  your  lord- 
ship will  do  that  which  is  right,  and  according 
to  nw.     My  hnrd,  I  say,  where  a  sheriff  is  in- 
terested in  pMoint  of  title,  he  is  no  person  by  law 
to  retotn  a  juir,  and  this  question  will  appear 
pfaunly  upon  this  information  \  for  if  in  case 
Diis  was  not  a  lawful  adiouinment  by  sir  John 
Moore,  this  is  not  a  lawiul  return Gentle- 
men, my  lord  I  know  will  hear  me,  if  you 
l^ve  but  patience  ;  I  always  speak  and  stand 
m  for  my  clients  as  1  ought  to  do.    If  you 
Dlense  to  let  me  have  liberty,  t  have  my  ferd's. 
If  a  sheriff  be  concemed  in  point  of  title,  it  is 
a  ptincipal  challenge,  and  the  sheriff  ought  not 
to  return  the  jury,  but  the  coroner  :  And,  my 
lor^y  much  morem  this  case  ;  for  that  the  very 
title  to  the  office  of  sheriff  is  here  in  question, 
and  therefore  he  is  no  person  fit  to  return  this 
jviy,  my  lord.    We   desire   your  lordship's 
^pinion. 

X.  C  J.  Mr.  Thompson,  mefhmks  you  have 
fiMmd  out  an  invention,  that  the  king  should 
never  have  power  to  try  it  even  so  lon^  as  the 
irarld  stands.  I%iy  you,  sheriff  North  is  not  a 
i^ht  shoiff,  who  should  have  been?  Why, 
say  jou,  Dubcns  and  Papillon,  or  one,  or  both 
of  ^esn.  Nov  the  king  he  hath  brought  his 
wiatfoft  a  riot. 

Sen.  Jd^  And  an  assault  and  battery  upon 
mtimok  Moore. 

Mr.  Tkommnn.  That  is  a  fiction. 

L,  C.  J.  The  king  hath  brought  his  suit, 
and  brongfat  it  to  an  issue.  Why  now,  if  so 
be  this  e&allenge  should  have  any  thing  in  it, 
then  the  king  must  have  challenged  North, 
and  what  must  he  have  done  then  r  Why,  for 
Fspilkm  and  Dubois,^  they  are  not  sheriflb 
n  cKT/v,  dien,  say  you,  the  coroner.  Pray, 
Mr.  Thompson,  if  so  be  the  king  had  made  the 
Veniie  either  to  PapiQon  or  Dubois,  or  to  the 
coroner :  Whedier  or  no  had  not  the  cause 
been  found  against  the  king,  before  one  word 
had  been  saio  actually  for  him  ?  You  say  the 
enestion  is.  Whether  be  be  a  sheriff  or  not  ? 
n  the  kinff  had  challen&^ed  him,  and  made  the  < 
Voure  to  uie  coroner,  mr  God's  sake,  had  not 
that  made  an  end  of  the  question  ? 

Mr.  Thim^um,  No,  my  lord,  not  at  all. 

i.  C.  J.     Now  ?   Then  I  understand   no- 


tbi^. 


r-  Thampton.  My  lord,  if  the  sheriff  ap- 
pear to  be  ooncemed,  it  doth  not  determine  toe 


1.  C,  J.  But  it  does  by  yourown  opening 
w.  Yon  say  the  question  is,  for  which  you 
4»  now  challenge  the  array,  because  it  is  re- 
tnraed  by  •  sirDndley  North,  supposed  to  be 
Mieof  the  shcrifb,  and  tell  the  whole  process, 
kov  that  in  taith  it  is  a  question  whether  he 
itasfaeriff  ornot;  and  thtrefore,  say  you,  or 


good  challenge,  that  is  admitted  by  every 
body ;  now  we  have  made  a  challen^,  and  that 
is  a  good  cause  of  challenge  certainly,  if  that 
were  the  cause.  But  now,  my  lord,  I  must 
confess  what  your  lordship  says,  it  is  a  difficult 
tnatter  to  challenge  any  array,  because  they 
are  arrayed  by  a  person  that  hath  an  interest, 
or  some  such  thing  that  is  a  challenge  of  the 
array,  but  that  is  not  the  matter  in  this  caa^ 
It  cannot  be  denied,  if  these  persons  were  not 
sheriffs  of  London,  that  that  18  a  good  cause. 
I  take  the  result  of  the  challen^  to  be  this : 
Say  we,  the  principal  question  of  this  informa- 
tion, the  riot,  will  depend '  upon  this  questiosr, 
whether  there  were  a  regular  adjournment,  or 
uotP  There,,  say  we,  b^ins  the  question  of 
the  riot.  If  so  be  that  my  lord  mayor  of 
London  that  was,  bad  power  to  adjourn  the 
court,  and  it  be  admitted  a  regular  adjournment, 
certainly  the  riot  would  follow,  and  what  fol- 
lows then  ?  Tlien  comes  on  a  question,  and  it 
is  immediately  consequent  upon  it,  that  these 
genttemen  be  actual  sheriffs  of  London,  they 
being  actually  chosen  upon  this  adjournment, 
thejr  are  actually  sheriffs ;  But  if  reall  v ,  my 
lom  mayor  had  no  power  to  adjourn,  and  that 
power  was  in  the  sheriffs,  that  they  were  ac- 
tually taking  the  poll,  and  the  poll  was  for  Mr. 
Dubois  and  Mr.  Papillon:  HhsA  the  question 


43 1]    STATE  TRIALS,  35  Charles  II.  i683.— THa/  cf  Thom$  Pilkmgt^    itt$^ 


if,  if  so  be  the  adjournmeDt  by  my  lord  mayor 
were  not  a  goo>  adioumment,  then  the  iioU 
wa»a  regular  poll  taken  by  the  sheriffs,  then 
Gonseqiieutiy  those  that  were  elected  upon  that 
were  truly  chosen,  and  then  it  is  a  right  chal- 
lenge.     These   gentlemen,  I  must  confess, 
they  are  sh€ri6s  dc  facto  i  hut  we  know  very 
well  there  may  be  soeriffs  de  facto^  and  there 
may  b6  other  sheriffs  dejure,  these  things  are 
very  consistent.     If  so  be  that  Mr.  PapiUon 
anrf  Dubois  be  duly  elected,  they  are  sheriffs 
de  Jure,  but  they  want  the  formality,  for  they 
are  not  sworn,  and  cannot  return  a  jury.    On 
the  other  side,  the  sheriffs  are  sheriffs  de  facto, 
but  not  legally  chosen,  and  the  riot  will  depend 
upon  that  question,  of  the  other  persons  that 
are  sheriff's  de  facto  and  not  de  jure.    This  we 
sasrgest  in  this,  whether  your  lordship  will  re- 
ceive this  challenge,  or  whether  your  lordship 
will  proceed  first  to  the  trial  of  the  cause,  and 
let  this  follow.    My  lord,  might  not  there  have 
been  something  in  this  case  upon  the  roll  at 
Westmiostef  ?  Might  there  not  have  been  a 
surmise  to  this  ]mrpose,  because  there  is  such 
a  question  upon  the  roll  f  For  it  appears,  that 
the  comnjon  hall  was  for  the  election  of  she- 
rilFs,  and  that  it  was  adjourned  by  the  mayor ; 
Andwhnt  ti'llowcd?  Might  there  not  be  such 
a  surmise,  that  the  Venire  facias  should  not  ijo 
to  the  sheriffs,  but  to    tHe  coroniT  ?    Mignl 
there  not  have  been  such  a  thing  ? 

L. '  C  J,  My  speech  is  but  bad  :  Let  me 
knmr  w  Itat  objection  is  made,  and  if  I  can  but 
retain  it  in  my  raem'?ry,  1  don't  question  bi|t  to 
give  you  satisfaction.  If  the  king  had  brought 
ab  intbrraation  against  Mr.  Sheriff  North,  and 
"Charged  him  with  a  crime,  there  is  no  manner 
of  question,  that  the  king  should  have  chal- 
lenged as  he  was  a  sherift*,  and  sent  the  Venire 
to  the  coroner,  or  other  ofScer ;  here  he  is  not 
accused,  nor  to  be  acqutttcfl,  of  any  crime. 
Gentlemen,  I  put  you  upon  this,  if  so  be  that 
the  sheriff  of  London  should  get  a  great  deal 
of  money,  (but  I  never  tlnde:*stood,  that  he  got 
by  it)  ff  you  prove,  that  he  hath  got  any  coii- 
siderRble  matter  by  the  ofiice,  it  would  be  some  • 
tiling  in  the  case,  that  he  should  be  greedy  of 
the  office.  Biit  look  ye,  on  the  other  side,  if 
there  be  nothing  in  if  one  way  or  another,  that 
there  Is  profit  accniing  to  him  by  the  office, 
what  cau  the  law  say  ?  But  liere  was  the  ques- 
tion betwcwi,  indeetl  and  in  trnth  as  you  do 
open  it,  between  the  mayor,  sir  John  Moore,  I 
think,  and  the  sheriffs  that  then  were,  that  was 
the  question  between  them.  Now  what  is  this 
in  point  of  law,  rhat  the  sheriffs  must  be  chal- 
lenged ?  They  must  be  challengted,  because  it 
is  returned  by  these  'sberifft.  ■  You  can't  say 
the  sheriffs  do  fasrour—theking. 

Solicitor  (Jeneral.  My  h>nl,  we  trouble 
year  lordship  about  a  question  very  unneces- 
«ary  :  The  sheriff  is  not  concerned  in  this  ques- 
tion, neither  can  the  consequences  affect  the 
aberiff  any  way. 

Sir  Frc.  Winn.  Mv  lord,  if  I  don't  ^ew 
that  he  is  conceited,  dotwitlistandlnjQ^  what 
•Mr.  Solicitor  says,  it  ia .  another  matter.    If 


this  had  been  noon  a  common  riot,  and  not 
related  to  the  election  of. sheriffs,  it  wouM 
have  been  faardef  against  us.  I  only  offer 
a  word'  or  two,  and  submit  to  your  lordship. 
This  information  doth  take  notice  of  tbe^  dec- 
tion  of  sheriflfe,  and  of  an  irregularity  in  dis- 
torbing  the  late  lord  mayor  about  aidioumin^ 
the  poll :  1  do  believe,  my  lord,  it  will  not  t>e 
denied,  but  that  in  this  cause  a  riot  or  no  riot 
will  depend  upon  the  poll,  or  the  mayor's  ad- 
journing. It  that  be  so,  that  which  your  lord- 
ship is  pleased  to  urge,  that  the  sheriff  gets  no- 
tiling,  yet  that  he  hath  assumed  the  office  d€ 
facto,  appears  by  the  return,  that  is  very  plain, 
my  lord,  he  hath  assuitied  it,  and  did  exercise  it. 
R  it  appear  to  be  legal  or  illegal  upon  the  aii- 
joummcntby  the  mayor,  then  it  must  have 
one  of  these  two  consequences.  My  lord,  I 
humbly  conceive,  till  the  sheriffalty  had  been 
agree«f,  it  wonld  have  done  very  well  for  BIr, 
Attorney  to  let  this  riot  alone,  unless  he  woakf 
have  made  it  a  common  riot  *,  if  be  wonld  have 
been  plea.sed  to  stay  till  the  law  had  determined 
who  had  been  the  right  sheriffs,  then  process 
would  have  gone  for  the  king.  And,  my  lord, 
there  is  another  thing  under  favour :  If  Mr. 
Attorney  had  been  pleaded  to  prosecute  for  the 
king,  then  surely,  my  loid,  there  was  away  tQ 
lay  it  so  that  the  process  should  be  returned 
by  persons  uninterested,  and  ]not  by  the  she- 
riff whose  election  is  in  controversy :  I  don't 
argue  out  of  the  record,  but  by  the  record  it- 
self. If  in  case  it  doth  appear  still  to  be  imder 
consideration  ;  if  that  be  so,  I  do  humbly  oin- 
ceive,  because  that  right  of  elpction  of  sberiffii 
is  undetermined,  that  therefore  he  might  have 
made  the  process  to  the  coroner,  if  he  would 
have  made  h  before ;  but  it  should  not  be  heard 
befoix'  the  election  of  the  sheriffs,-  because  it 
will  be  a  riot,  or  not  a  riot  upon  that. 

L.  *C  J.  Good  now,  sir  Francis,  yon  mifltake^ 
it  could  not  be  to  the  coroner. 

SoL  Gen,  My  lord,  it  ?s  but  wearying  yon^ 
lordship  to  no  purpose. 

Mr.  Wallop.  If  he  be  not  a  sheriff^  that  title 
of  his  dcpeuding  upon  my  lord  mayor's  ad- 
journment, which  is  reasonably  set  forth,  it  is 
concerne<I  in  the  consequence  of  the  cause. 

Att,  Gen,  If  you  please,  my  lord,  1  will 
answer  what  hath  been  said.  Mr.  Thompson 
did  first  urjre  according  to  the  rules  of  law,  if 
the  matter  ibat  appears  upon  the  record  be  the 
thing  in  question  ;  that  if  the  sheriff  be  inter- 
ested in  that  matter,  that  that  is  a  good  c^use 
of  challenge.  That  is  a  good  rule,  and  the 
law  is  so  ;  but  that  is  nothing  to  this  purpose  ; 
niy  lord,  here  upon  the  reconl  there  is  nothing 
in  question  but  a  fine  for  the  king,  nothing  to 
he  recovered :  where  londs  are  in  question,  as 
in  an  ejectinent,  if  the  sheriff  be  interested  in 
that  land,  in  that  case  that  is  a  good  challenge ; 


nothing  to  the  purpose.  Then  thgr  say  it  ap- 
pears in  the  record  by  recital,  and  in  the  infor- 
mation, fbf  that  is  the  substance  of  all  they 


tO]       STATE  TRIALS,  .35  Charles  II.  WM.^Mnd  Ukenjor  a  Riot.        [?34 


saj :  it  dotb  appear  there,  as  it  is  said,  that 
the  mayor  4liil  adjoam  the  court,  and  so  the 
WKStion  of  the  riot  will  very  much  stand  upon 
neTalidity  of  that  adjournment.    But  it  dotb 
Dot  wholly  stand  upon  that ;    for  there  are 
many    omtrag^eous  actions,    assaults    of  the 
mayor,  throwing-off  his  hat,  great  clamours  ; 
thrusting  and  pressing  many  of  the  aldermen  ; 
nay,  fanusing  tliem  ;    so  that  this  riot,  not- 
wittistanding  the*  adjournment,  be  that  as  it 
wili,  will  appear,  in  the  upshot  of  the  cause,  to 
be  a  riot,  notwithstanding  that  question.    But 
in  the  second  place,  die  question  of  Mr.  North's 
bong  a  sherin,  or  not  a  sheriff,  no  ways  de- 
pends upon  this  adjonrBmeut,  no  pretence  of 
the  title  depends  upon  tlxat ;  so,  my  lord,  they 
bate  sug^gested  a  thing  that  is  foreign  to  the 
record  ;  it  depends  purely  that,  upon  a  custom 
of  the  dty  for  my  lord  mayor  to  elect,  not  upon 
the  power  o^  my  lord  mayor's  adjournment ; 
for  alter  that  they  proceeded  on  with  the  former 
choice  of  Mr.  I'apiUon  and  Mr.  Dubois ;  so 
that  whether  that  adjournment  be  a  good  ad- 
joamment,  or  no  good  adjournment,  nis  title 
will  depend  upon  £at,  whether  at  the  second 
meeting  or  no  Mr,  Papillon  and  the  other  gpc- 
tleman   be"  well  chosen,  and  Mr.  North   not 
well  chosen  ;  so  that  his  title  doth  not  depend 
upon  this  question  one  way  or  other.    But, 
mv  lord,  that  which  makes  this  as  frivolous  a 
dung  as  ever  was  urged  in  a  court  of  law,  my 
k»rd,  that  it  should  have  been  upon  rulehefore 
any  direction  to  the  sheriff  or  coroner,  if  they 
wouKI  have  had  process  ;  they  have  sug-gested 
matter  of  fact  wholly  out  of  the  record,  matters 
have  been  suo^gested,  that  it  might  have  been 
tried  fiefore  it  came  to  direction ;  now  there 
appears  nothing  in  the  record  to  bring  a  chal- 
lenge  to  try  the  matter  ;  nay,  as  they  tliem- 
■elves  say,  it  is  to  try  the  merits  of  the  whole 
information,  that  the  informadon  depends  upon 
that  question,  whether  the  mayor  may  ad- 
journ ?  It  is  a  great  usurpation  upon  the  go- 
TemmoDt  of  this  city,  as  they  have  done  in 
cdier  things  to  the  king.    My  lord  mayor  is 
Ac  supreme  ma^strate  here,  and  the  sheriffs 
have  nothing  to  oo  in  this  ])Qint,  and  therefore  I 
pray  it   may  be  over- ruled,  and  that  the  jury 
may  be  a  worn. 

ifr.  Thompson.  We  would  have,  my  lord, 
the  benefit  of  a  bill  of  exceptions. 

8eij.  Jefferies,  Swear  the  jury,  swear  the  jury. 

Mr.  Thompstm,  I  have  another  challenge. 

L.  C.  J.  1  tell  you  plainly,  I  see  nothing  in 
it  for  a' bill  of  exceptions. 

Mr.  Tkompson.  We  desire  we  may  have  the 
knefit  of  a  bill  of  excqrtions.  my  lord,  if 
this  he  the  case  of  trying  &  not,  we  must  take 
vbat  advantage  we  can  in  point  of  law. 

Scij.  Jefferies.  We  come  to  counsel  the  king, 
asweougnt  to  do,  by  law. 

Mr.  'Jniompson.  Wfy  lord,  I  challenge,  on  the 
behalf  of  my  lord  Grey,  this  jury.  [Challenge 
retd.] 

Seignior  Grey. 

Ait,  Gen.  They  call  that  a  Newgate  chal- 


Mr.  Wttlfop.  That  was  a  challenge  taken  at 
the  Old  Bailey. 

Mr.  Tfiompson,  And  over- ruled. 

Serj.  Jefferies.  And  I  pray  it  may  be  so  bare. 

L.  6\  X  i  think  your  challenge  is,  that . 
they  are  not  sheritl's  ? 

Mr.  Thompson.  My  lord,  is  the  fact  true  or 
false  ?  I  desire  of  these  gentlemen,  if  it  be  in* 
sufficient  in  point  of  law,  let  them  demur. 

Serj.  Jefferies.  Pray  tell  me,  llobin  Hood 
upoa  Greendale  stood  ;  and  therefore  yuu  must 
nut  demur  to  it. 

Mr.  Thompson.  If  the  chaUenge  be  not  good, 
thei-e  must  be  a  defect  in  it  eitlier  in  point  of 
law,  or  in  point  of  faot.  I  desire,  on  the  be- 
half of  my  lord  Grey,  this  challenge  may  b« 
allowed. 

Serj.  Jefferies.  And  I  pray  for  the  king,  that 
it  may  be  over-ruled. 

£.  C.  J.  I  think  you  have  owned  them  to  be 
sheriffs  already. 

Serj.  Jefferies.  My  lord  Grey  did  own  it  in 
his  challenge,  because  there  wei*e  no  knights.* 

L.  C.  J.  We  try  a  great  many  Nisi-Prius 
here  sometimes,  two  or  three  days  idter  tha 
term,  every  deleUdant,  that  thinks  it  goes  hard 
with  him,  we  must  have  a  trial  still,  whether 
the  sheriffa  be  sheriffs,  or  no  ?  This  that  you 
have  done  now,  may  be  done  in  every  cause 
that  we  may  be  trying.     Upon  your  evidence 

•  "  February,  1683.  The  I6th  was  a  trial 
at  Guildhall,  before  the  Lord  Chief  Justice 
Saunders,  touching  the  pretended  riot  atth# 
election  of  the  present  sheriffs  of  London^ 
against  the  lord  Grey  ofWerk,  sir  Thomas 
Player,  Mr.  Pilkington,  Mr.  Shute,  and  se- 
veral others,  the  jury  being  returned  by  North 
and  Rich,  the  two  sheriffs,  and  a  good  one  it 
was,  being  in  their  own  cause,  a  chaUenge  waa 
taken  to  the  array,  for  that  no  peer"  [qu. 
knight]  <<  was  returned  being  m  the  case  of 
a  peer  of  the  realm.  The  challenge,  was  al- 
lowed and  so  it  was  pot  off  to  the  next  term.'* 
Narcissus  Luttrell's  *'  Brief  Historical  Rela- 
tion," &c.  MS.  in  All  Souls'  library. 

See,  too,  S.  C.  Skinn.  117.  3  Mod.  S62. 
But  now  by  st  94  G.  Q,  c.  18,  s.  4,  after  a 
recital  that  great  delays  did  frequently  happen 
in  trials  where  a  peer  or  lord  of  parliament  was 
party,  by  reason  of  challenges  to  the  arrays  of 
pannels,  of  jurors  for  want  of  a  knight's  liein^ 
returned  on  such  pannels,  for  remedy  thereof  it 
is  enacted,  ^*  That  no  challenges  shall  be 
taken  to  any  pannel  of  jurors  tor  want  of  a 
knight's  being  returned  in  such  pannel."  The 
report  in  the  text  does  not  at  aU  disagree  with 
Luttrell's  account  of  the  Reports  in  Shower 
and  Skinarr.  The  challenge  for  want  of  a 
knight  appears  to  have  been  made  when  the 
cause  was  called  on  at  the  sittings  alter  Hilary 
Term,  34  and  35  Car.  2,  whereas  the  trial  aa 
reported  in  the  text,  was  not  had  till  nearly 
three  months  afterwards,  and  there  seems  not 
then  to  have  been  any  deliciency  of  knights  in 
the  pannel.  {t  appears  thatthe  nva  persona  first 
sworn  upon  the  jury  were  knights. 


SSS]    STA1X  TRIALS,  35  CiUALBi  IT.  l6BS^THal  of  TkwM  Pilkmgiom    [2S6 


if  yoa  can  prore  them  none,  you  go  »  great 
way. 

Mr.  Thompson,  My  lord,  we  denre  the 
dwlleoge  may  be  allowed,  or  otherwise  a  bill 
of  ezceptioDS.  My  lord,  we  pray  a  bill  of 
exception^. 

Seij.  Jefferies.  This  discourse  is  cmly  for 
diaooarse  sake ;  Ipray  the  jury  may  be  sworn. 

X.  C.  J.  Ay,  ay,  swear  the  jury. 

Sir  Benjamin  Newland,  &c.  sworn. 

Mr.  Thompson.  We  challenge  Mr.  Fensil ; 
be  bath  given  evidence  in  this  cause  at  the 
council-table* 

X.  C.  J.  What  then  ? 

Ait.  Gen.  My  lord  they  shall  have  all  fair. 

L,  C.J.  Mr.  Attorney  says  be  won't  stand 
upon  it. 

Mr.  Thompson.  My  lord,  we  pray  a  bill  of 
exceptions. 

L.  C.  J.  I  think  many  would  not  hare 
offered  it  besides  you.  Shall  I  go  and  sign  a 
bill  of  exceptions,  to  let  all  the  world  know 
this  is  so,  and  so  all  the  world  must  try  whether 
they  be  shehfts  of  London  ? 

Mr.  Thompson.  My  lord,  do  not  say  so  ;  for 
I  think  all  the  counsel  in  the  court  would. 

X  C.  /.  If  it  doth  fall  out,  that  in  truth  they 
do  not  happen  to  lie  sheriffs,  surely  you  shall 
iiave  all  tne  advantage  that  can  oe  for  you ; 
but  pray  do  not  think,  that  I  will  put  off  a 
Irtal  upon  every  suggestion  that  the  sheriffs 
are  not  sheriffs.  You  shall  have  aU  that  is 
law  by  the  g[race  of  God,  and  I  am  not  afraid, 
that  you  or  any  num  should  say,  I  don't  do 
justice ;  I  am  not  bound  to  gratify  every  man's 
nnmour  ;*  I  am  to  do  according  to  my  con- 
science, and  the  best  of  my  knowledge,  and  ac- 
oonling  to  my  oath  ;  and  I  will  do  that,  and 
gratify  no  man. 

Sir  Benjamin  Newland,  Sir  John  Matthews, 
Sir  John  Buckworth,  Sir  Thomas  Griffith,  Sir 
Edmund  Wiseman,  PercivaT  Gilbnrne,  Henry 
Wagstaff,  Barthol.  Feriman,  Thomas  .Black- 
more^  SamUel  Newton,  William  Watton,George 
ViUars,  jur. 

Crytr.  O  yes,  O  yes,  O  yes.  If  any  man 
^  can  inform  my  lord  the  king's  justice,  the  king's 
^  acigeant,  or  the  king's  attorney,  or  this  inquest 
now  to  be  taken,  &c. 

Mr.  Do/^en.  May  it  please  your  lordship, 

*  In  proceedings  in  which,  under  the  statute 
of  Westminster  the  second  13  Ed.  1,  st.  1, 
c.  SI,  a  bill  of  exceptions  lies,  the  judge  is 
obliged  to  seal  such  bill.  See  the  stat ;  Run- 
nington's  ed.  of  Hale's  Hist,  of  the  Common 
Law  990;  Tomlins's  l^w  Diet.  3  Blacks. 
Comm.  379.  It  appears  that  in  Rich.  v.  Player, 
aarej^rted  by  sir  Bartholomew  Shower  (p.  368) 
next  immediately  after  this  case  of  Pilkmston 
snd  others,  a  bill  of  exceptions  was  allow^  on 
a  challenge  of  the  array.  As  to  the  form  of 
prooedare  upon  a  biU  of  excqitions,  see  in  this 
CoiOsction  Leach  against  Monfjy  and  others, 
i.  n.  1765. 


and  you,  gentlemen  of  the  jury,  this  is  an  In- 
formation Drought  by  the  king  against  Thomas 
PiUdngton,  &c.    Gentlemen,  the  Information 
sets  forth.  That  upon  the  24th  of  June  last, 
in  Guildhall,  there  was  a  common  hall  supi- 
moned  by  sir  John  Moore,  knight,  and  there- 
upon held  for  the  election  of  sheriffs  for  the 
year  then  ensuing  the  feast  of  St  Micha^: 
and  that  on  the  same  24th  of  June,  sir  John 
Moore,  then  mayor,  adjourned  the  court  tUl 
the  Tuesday  following  by  proclanmtion.    That 
after  the  said  adjournment,  my  lord  mayor 
made  proclamation  for  all  persons  to  depart: 
and  that  the  defendants,  intending  to  disturh 
the  peace  of  the  king  after  the  a'ljournment 
aforesaid,  did  unlawfully,  With  many  persons 
unknown,  meet  together,  and  riotously  assault 
the  lord  mayor.    And  afler  the  adioumment 
by  proclamation,  tivo  of  the  defeoJants,  Pit- 
kmgton  and  Shute,  by  colour  of  then*  office  aa 
sheriffs  of  this  city,  and  the  rest  of  the  defea- 
dfints,  did  continue  the  poll,  and  unlawfuU j 
affirm  to  the  people,  That  sir  John  Moore  had 
no  power  to  adjourn  them.  And  that  they  con- 
tinued this  great  tumult  three  hours,  to  the 
terror  of  the  king's  subjects,  and  the  eidl  ex* 
ample  of  others,  and  against  the  peace  of  our 
sovereign  lord  the  king.    To  this  the  Defen- 
dants have  pleaded  Not  Guilty,  &c. 

Attorney  General.  This  Information,  my 
lord,  is  brought  for  settling  the  peaee  in  this 
city,  and  to  shew  before  you  all,  who  is  th« 
supreme  magistrate  under  the  king  in  this  city  i 
for  that,  gentlemen,  you  see,  is  grown  a  great 
<luestion.  Whether  my  lord  mayor  is  not  only 
in  the  hall,  but  in  his  chair,  the  supreme  ma- 
gistrate ? 

Gentlemen,  I  must  acquaint  you,  that  my 
lord  mayor  in  all  times,  even  liefore  the  ci^ 
had  the  election  of  him,  was  the  king's  lieu- 
tenant, and  the  supreme  magistrate  in  the  city, 
and  no  public  assemblies  could   ever   meet 
together  without  his  sununons;  he  was  tiie 
great  and  chief  director,  and  this  1  believe  ia 
all  your  observations  that  are  of  the  jury,  I 
can  make  it  evident,  that  this  hath  been  tha 
constant  frame  of  this  government  in  the  city  : 
for  the  sheriffs,  g^tlemen,  they  are  no  corpo- 
ration officers,  they  are  county  officers,  as  ia 
all  the  counties  of  £ngland;  and  they  are  the 
king'troffioers  for  the  execution  of  the  king's 
writs,  and    the    preservation  of   the  king's 
peace ;  but  the  government  of  the  corporatioii 
IS  in  the  mayor,  and  not  in  the  sheriffs.    Gen- 
tlemen, the  question  now  arising  here,  is  ahout 
the  election  of  sheriffs ;  it  is  true  there  were 
very  disorderly  tumultuous  proceedings ;  ray 
lord  mayor  he  comes  and  doth  appoint  another 
day  for  them,  and  discharges  tnem  at  that 
time.    We  will  make  appear  to  you,  that  it 
was  always  his  right  in  all  times,  both  to  sum- 
mon a  common  Iwfl,  and  dissipate  it,  and  ap- 
point them  another  day,  or  to  dissolve  them, 
as  the  mayor  did  see  cause.    Tlie  mayor  hav- 
ing, according  to  the  ancient  manner,  ad- 
journed this  eourt,  the  sheriffs  they  proceed  ; 
do  not  only  refuse  to  obey,  but  they  proceei^ 


137]        STATE  TMAIA  d^  Cil aklbs  Uf  i6S9.-- mil  i^heriffmr  n  JUol.        [23» 

lad  mke  prodamaliony  that  it  m  not  in  the 
power  of  tbe  mayor,  takioff  upon  them  that 
whidi  never  anj  sherifls  du  in  any  time ;  they 
mke  proclamation  contrary  to  what  the  mayor 
M  done,  and  continue  the  poll,  and  proceed 
nd  pfrodaim  the  mayor  had  usurped  that 
p0«rer  which  was  thorns,  though  allerwards 
they  transferred  the  supreme  power  to  the 
Ererymen ;  but  I  think  no  age  will  siifTer,  that 
the  supreme  jpower  should  be  in  the  livery- 
men,  tiuU  are  expressly  ap^inted  to  act  by  a 
common  council,  whicn  is  indeed  the  repre- 
KotatiTe  of  the  whole  city.  But  this,  gentle- 
nen,  bang'done  by  thesherifis  haviug  usurped 
the  power  of  the  mayor,  they  did  pn^eed  in  a 
Moos  manner;  when  the  mayor  attempted 
to  go  out  of  the  ball,  they  strucK  him,  struck 
his  hat  off,  and  pressed  several  of  the  alder- 
nen  ;  the  evidence  will  make  out  in  what  an 
OotrageoviB  manner  it  was  carried  on.  If  the 
sdiers  had  made  opposition,  how  soon  had  all 
been  in  confusion  upon  this  usurpation,  that 
the  shenffii  had  set  up  for  themselves,  that 
they  aire  the  delegates  of  the  people,  and  must 
ippear  to  be  the  supreme  magistrates  of  the 
a^  of  London !  I  think  the  citizens  them- 
9^es  will  never  endure,  that  those  that  are 
bat  oomty  officers,  shoi^  ever  invade  the  go- 
venuBflDt  of  the  corporation.  Gentlemai,  we 
win  shew  you  the  particulars  of  this,  and  you 
hare  nothing  to  inquire  after,  but  whether  they 
guilty  of  the  not  or  no  ? 


Soiiciior  General.  My  lord,  we  will  call 
oor  witnesses,  and  prove  our  case  by  these 
Meps.  For  the  questioo,  That  whether  or  no 
the  dsfendants  in  the  ixiformation  were  guilty 
of  a  riot,  in  continuing  the  assembly  after 
my  lord  mayor  had  adjourned  them,  we  wiQ 
prove  it  by  these  steps,  that  it  is  in  the  power 
of  the  kird  mayor  to  call  a  conunon  hidl, 
and  adjourn  the  common  hall ;  that,  my  lord, 
when  the  common  hall  was  assembled  tor- the 
porpose  of  electing  sherii&,  that  he  did  ad- 
lonm  the  common  liall ;  and  that  contrary  to 
MS  ailioiimnient  the  sherifls  continued  it,  de- 
ekrinc'  my  lord  mayor  had  no  right  so  to  do ; 
and  mat  afterwards  my  lord  mayor  com- 
naoded  them  to  depart,  and  they  continued 
their  assembly  there  m  a  very  riotous  manner ; 
aid  as  my  lord  mayor  came  down,  they  offered 
iBsoIeDcies  to  his  person,  and  they  continued 
the  assembly  there  in  a  riotous  manner,  and 
conamendeJ  the  sheriffs  that  did  assert  their 
right,  following  them  in  a  riotous  manner  into 
Caeapside,  crying  out  in  a  fiictious  manner, 
*  God  bless  the  Protestant  sherifls.' 

Seg.  Jefferies,  My  lord,  we  would  begin 
WI&  our  witnesses ;  but  for  the  gentlemen  of  the 
jnry,  which  I  think  are  men  that  belong  to  the 
dty,  and  that  the  thing  may  be  very  intelli^- 
Ue,  I  beg"  leave  to  acquaint  your  lordship  with 
the  methods  that  have  always  been  proceeded 
in,  in  choices  of  this  nature.  My  lord)  we  will 
make  it  appear,  and  I  think  it  will  not  be 
^snined  by  any  ikian  that  knows  the  city  of 
lUmdon,  tbat  eomaion  haH(|  are  always  sum- 


moned  to  appear  by  the  intimaiioii  of  tho 
mayor,  of  tne  mayor  himself,  at  any  time 
when  he  finds  an  occasion,  either  for  the  as- 
sembling of  a  common  council,  or  the  assem« 
blin^  ofa  common  hall,  &c.  pracepts  are  fe- 
sued ;  they  are  words  that  yon,  gentlemen,  do 
understand  very  well,  to  summon  a  common 
haH  from  time  to  time.  It  is  very  true,  thoivh 
they  do  usnally  make  summons  for  Mid* 
summer-day,  yet  Midsummer- day  being  a 
public  and  notorious  day  for  the  choice  of 
some  particular  persons,  they  are  not  so  con- 
tinually exact  in  summons ;  for  thcry  do  pre*^ 
sume,  that  every  body  takes  notice  of  the  day.' 
But  I  am  to  ffive  your  lordship  an  account : 
whereas  in  me  record  there  is  only  notice 
taken  concerning  the  sheriffs  on  Midsummer- 
day,  it  is  notoriously  known  to  all  gentlemeii 
that  are  inhabitants  in  London,  there  is  a 
choice  of  chamberlain,  and  auditors  of  tfaa 
bridge-house  and  chamber-accounts,  down  to 
ale-conners ;  and  that  the  sheriffii  of  London, 
gva  Shcrifi  of  London,  are  no  more  in  tho 
case  than  any  private  man  is.  I  do  take  notice 
of  this,  to  give  you  an  account,  that  as  soon 
as  these  officers  are  dispatched,  I  myself  had 
the  honour  to  serve  the  city  some  time,  and 
know  it  very  well ;  therefore  I  take  the  liberty 
to  explain  it  to  some  of  these  gentlemen  that 
are  foreigners.  My  lord,  as  soon  as  ever  this 
is  done,  (as  it  was  frequent  before  people  were 
so  ambitious  to  come  into  the  office  of  sheriflb, 
as  they  have  been  within  two  or  three  years  ; 
for  it  was  not  known  till  of  late,  that  the  peo- 
ple were  fond  of  the  office ;  there  is  a  terra 
they  uRo,  *  To  go  a  Birding,'  as  they  call  it, 
they  did  not  se^  for  the  office,  as  they  have 
done  of  kte)  when  there  was  any  person  came 
off  from  serving,  that  is,  paid  a  fine  of  400/.  for 
coming  off;  then  the  usual  meUiod  was  to  obU 
another  common  h{ll>  for  they  never  made 
application  to  Mr.  Sheriff,  *  Good  Mr.  Sheriff, 
let  us  have  a  common  hall :'  But  the  common 
way.  Was  ^i  time  of  vacation,  (for  in  August, 
there  are  no  such  things  as  courts  of  aldermen 
held ;  courts  are  not  then  held,  exo^  the 
sheriffs  court)  then  to  go  to  my  lord  mayor's 
house,  and  be  appoints  them  to  come  to  a 
common  hall,  a  meeting  for  to  ehuse  such  and 
such  :  He  orders  the  sword-bearer,  or  other 
officer  that  is  attendant  upon  his  person  in  his 
house,  to  send  forth  summons,  in  order  to  such, 
a  thing  as  the  assembling^  a  common  hall,  and 
there  may  be  sometimes  out  one  sheriff  there ; 
nay,  I  have  known  it  sometimes  when  tb^« 
hath  been  never  a  sheriff,  and  yet  they  have 
not  thought  they  have  wanted  a  judge  of  tliat 
assembly :  But,  my  lord,  when  all  the  matter 
is  over,  and  p^ons  are  declared  to  be  chosen 
into  Ms  or  that,  or  tlie  other  office  in  the 
common  hall,  then  an  officer  in  the  city,  not 
an  o^er  of  the  sheriffs,  but  an  officer  wmch  ii 
caUed  by  tbe  name  of  the  Common  Gryer,  he 
makes  proelaiDation  upon  the  hustings,  where 
my  lora-mayor  is  judge,  for  all  gentlemen  to 
depart  for  toat  time,  and  to  give  their  attend-» 
ance  there  to  another  summons^    And  now. 


«2d9 ]    STAT£  TRIALS,  35  CuARLBfl  IV  l6S3.-«2Ha{  oj Tk^mM 

my  lord,  to  make  tb«  thing^a  little  rooi^e  Intel- 
ItfiUe,  there  is  a  differeacebetween  the cboice 
of  the  county  officers  and  the  corporation  offi- 
for  at  the  election  of  city  officers,  tlie 


4m    |jd40 


cers 


Common  Serjeant,  the  Common  Cryer,'  and 
Town  Clerk,  and  the  officers  that  attend  and 
manage  the  common  hall,  where  my  lord- 
mayor  is  looked  upon  to  be  the  8u);ierintendant ; 
but  at  the  election  of  parliament  men,  the  writ 
i$  directed  to  the  sheriffs,  and  tliey  interpose  in 
all  the  management ;  and  then  the  Common 
Serjeant  and  Common  Cryer  have  nothins  to 
.do;  but  at  such  times,  the  Secondaries  ofthe 
Compter,  which  are  deputies  to  the  sheriffs, 
they  come  and  manage  tne  whole  affair.    This 
I  tell  you,  because  1  hare  been  pretty  well 
acquainted  with  the  methods  ofthe  city.     I  do 
Tery  well  remember  I  had  the  honour  to  serve 
the  city  of  London,  at  that  time  sir  Robert 
Clayton  was  lord- may  or;   and  there  was  a 
great  occasion  to  try  a  person  about  the  assas- 
sination of  Mr.  Arnold ;  and  the  question  was. 
Whether  they  should  proceed  \o  a  poll  or  not  ? 
because  they  were  to  go  tp  the  Sessions-House 
in  the  Old-Uajley^  in  order  to  the  trying  of  that 
person.    That  worthy  gentleman  bein^  then  in 
the  chair,  I  had  the  honour  to  sit  by  him  ;  or- 
Oei'ed  .the  court  to  be  adjourned  for  a  da^  or 
two,  because  they  were  to  go  to  the  Sessions. 
Tliere  was  no  asking  tlic  sheriffs  opinion  when 
sir  Robert  Clayton  was  lord-mayor,  nor  there 
was  no  such  thing  then  ;  but  now  the  case  was 
idtered,  for  sir  John  3Ioorc  was  lord-mayor. 
Now,  my  lord,  sir  John  Moore,  like  a  good 
magistrate,  endeavouring  to  preserve  the  pri- 
vileges of  the  chair,  there  happened  a  contro- 
versy amongst  the  members  of  the  common 
hall,  whereby  the  public  peace  ofthe  kingdom 
might  have  been  much  injured,  as  well  as 
the  peace  of  the  cit^  very  much  disturbed. 
To  prevent  which,  sir  John  Moore,  in'th  the 
advice  of  his  worthy  brethren  the  aldermen, 
came  upon  the  hustings,  and  found  they  Were 
all  in  an  uproar,  and  not  cool  enough  for  any 
debate ;  for  they  were  wound  up  to  that  height 
of  iiury  or  madness,  that  they  had  not  a  good 
word  to  bestow' upon  their  magistrates,  nor 
upon  him  whom  their  chief  magistrate  did  re- 
present.   For  we  must  tell  you,  when  they 
cried.  Pray  God  bless  the  King,  as  is  usual  for 
the  officer  upon  such  occasions  ;  many  cried, 
No,  God  bless  the   Sheriffs,    the  Protestant 
iSrtieriffs.     ^V  hereupon    my  lord -mayor,    for 
preservation  of  the  peace,  adjourned  tlie  com- 
mon hall,  and  required  the  members  to  depart 
and  come  down  off  tlie  hustings :  The  rabble, 
^for  by  the  way,  a  great  many  of  these  persons 
in  this  Information,  as  Mr.  Goodenough,  and 
the  rest  of  them,  were  not  liverymen,  nor  con- 
cerned in  the  election  one  way  or  other ;  but 
came  there  on  purpose  to  foment  and  to  raise 
up  the  spirits  and  malignant  dispositions  of  a 
sort  of  people  tliat  are  enemies  to  the  govern- 
ment ;  they  came  to  foment  quarrels,  and  not 
maintain  peace]  my  lord,  when  my  lord-mayor 
came  off.  the  iivsting^,  they  came  upon  him, 
had  hiiik  down  upon  his  knees,  and  his  bat  off; 


and  if  some  gentlemen  had  not  come  in,  thejr 
had  frod  him  under  feet;  such  an  indignity 
was  then  done  to  the  lord-mayor  of  London, 
who,  I  think  I  may  say,  deserved  as  well  from 
the  government  of  this  city,  as^ny  gentleman 
that  ever  presided  in  that  office,  that  before  hatl 
not  been  heard.  My  lord,  Ave  \yill  call  pur 
witnesses,  to  prove  the  manner  ofthe  elections 
to  be  as  I  have  opened  it,  and  to  prove  the 
matter  in  the  Information.— Call  the  Common 
Serieant  and  Mr.  LightfOot,  the  Common  Cryer» 
and  the  Sword  -bearer. 

Att,  Gen.  Mr.  Lis^tfoot,  pray  give  an  ac- 
count to  the  jury  and  the  couit,  of  Sie  manner 
of  election,  and  chusing  a  common  haU, '  and 
the  manner  of  it. 

Lightfoot,  My  lord,  I  have^  been  almost  25 
years  an  attorney ;  I  always  took  it,  that  the 
Serjeant  of  the  chamber  had  order  to  go  down 
to  the  clerks  or  beadles  of  the  companies,  to 
summon  a  common  hall  by  such  a  day. 

Att,  Gen,  By  whose  command  P 

Lightfoot.  By  my  lolrd -mayor's. 

Alt,  Gen.  In  all  your  time,  did  the  sheriffs 
ever  summons  any? 

Lightfoot,  O,  no. 

Serj.  Jefferies,  Pray  Mr.  Lightfoot,  thus : 
When  they  were  met,  what  was  the ,  usual 
method  ? 

Lightfoot.  Before  the  lord-mayor  and  al- 
dermen were  set,  the,  people  walked  up  and 
down  the  hall  till  the  lord- mayor  did  come  ; 
but  as  soon  as  my  lord  mayor  came,  the 
Common  Cryer  made  procLunation,  <  O  yes, 
you  good  men  of  the  h  very,  stmsmoned  such  at 
day  tor  election,  and  so  draw  near,  and  give 
your  attendance.' 

Alt.  Gen.  Whose  officer  was  the  Common 
Cryer? 

lightfoot.  My  lord-mayor's  officer. 

Serj.  Jefferies.  A  corpcHation  officer. 

Att.  Gen>  Now  forthe  dissolving  them. 

Lightfoot,  When  they  have  done  the  busi- 
ness, Mr.  Town  Clerk,  as  I  take  it,  takes  his 
direction  from  the  lord  mayor,  and  he  lads  the 
officer  make  proclamation ;  <  You  good  men  of 
the  livery,  depart  hence  for  this  time,  and 
appear  at  a  new  summons.' 

Att.  Gen,  Did  the  sheriffs  ever  dissolve  them  f 

Lightfoot.  Never. 

Att.  Gen.  Did  the  common  hall  do  it  ? 

Lightfoot.  No,  there  was  no  such  thing. 

Mr.  Jones.  Mr.  Lightfoot,  aAer  my  lord  majror 
had  dismissed  the  hall,  did  you  ever  hear  the 
sheriffs  keep  them  together  P 

Lightfoot.  All  the  people  went  away  till 
within  tliis  three  or  four  years. 

Mr.  Jones.  Since  when  f 

Lightfoot.  Since  Mr.  Bethel,  about  that 
time. 

Serj.  Jefferies.  Ay,  in  Bethel  and  Cornish's 
time,  then  i)cgan  the  bustle. 

Mr.  Williams.  You  sav  you  have  been  an  at- 
torney 25  years  ;  I  would  ask  you,  in  all  tliat 
time,  Mr.  Lightloot,  in  all  that  time,  did  yoa 
ever  know  the  lord  mayor  aij^u.n  the  common 
hall  to  a  certain  day  f 


ZkX)        STATE  TRIALS,  ^5  Cii ablks  II.*  iGSS.-^ffttiT  cth^hjar  a  md.       [24t 


U^itfoot.  There  ^r«s  De?eraiijoeeatioo. 

Wx.  Thcmpson.  Answer  my  question. 

U^iMM.  Inererdid. 
^  Sir  tr.  Winn,  1  would  «sfc  jon  another  qn< 
tiiB,  Bfr.  lightfoot :  did  joa  erer  know,  before 
die  ejection  was  over,  when  the  electors  were 
thmwig'  sherifls,  or  pollmr,  or  debating  it,  did 
yoQ  erer  know  in  the  middle  or  it,  the  mayor, 
agaifttt  the  wiR  of  the  aheriflb,  adjoom  it? 

Lightfoo^.  No,  no. 

SoLGen.  Didererthe  sheriffiinndertake to 
he»  ihem  lomher  befwe  theae  late  times  ? 

Ligkt/boi.IiOj  never. 

Mr.  Thm^ton.  Pray,  Sir,  this  :  Though  it  is 
wosl,  after  the  sherim  have  taken  the  pott,  to 
ae^fMont  my  lord  mayor,  did  yon  ever  know, 
Aat  tile  sherifis  have  ad)omiied  the  common 
hall  Without  acquainting  my  lord  mayor  ? 

lAghtfoot:  No. 

Mr.  Tkompton,  I  ask  you  one  question  more : 
do  Twn  remember  when  there  was  a  poll  betwen 
m  Thomas  Stomp  and  another  P 

Ughtfoot.  No,  I  do  net  charge  my  memory 
with -it. 

Mr.  T^ompami,  Do  you  remembier  when 
there  was  a  poQ  between  sir  Robert  Cbyton  and 
Mr*  Kyffien  f 

Ligitfbttt.  I  was  about  the  hall. 

9^.Jefferk»,  Do  ^^on  remember  when  there 
was  a  pou  between  sir  Simon  Lewis  and  Mr. 
Jenki.^  Who  did  manage  that  pdi?  \ 

Cmn,  Sen.  I  did. 

Mr.  WUtiams.  Are  yon  upon  your. oath  ? 

Cam,  Serf.  Yes,  I  am. 

Light  foot.  When  they  were  gone  to  the  poll, 
I  west  out  of  the  hall. 

Ait,  Gen.  Did  you  ever  look  upon  it,  that 
dte  sherift  had  any  thing  more  to  do  than 
others? — Lightfoot.  No. 

Att,  Gen.  Who  were  indueed  to  take  the 
piDr  ffas  it  by  the  sberiifs  or  the  k>rd 
tnayor? 

Ijghtfoot.  I  have  been  appointed  bj  my 
lard  mayor.  I  do  know,  that  the  sheriflfshave 
tdoen  upon  ihem  to  appoint  a  noil,  and  ^hen 
aiy  loni  appointed  his  clerks  in  tne  house  to  be 
antant  to  the  common  serjeant,  and  the  town 
deik :  I  nerver  was  but  ia  two  polls,  one  for 
Mr.  Box,  and  another  for  my  lordmavor.  One 
Went  on  with  the  poQ  in  one  place,  ana  the  other 
B  soother. 

Att.  Gen.  But  before  that  time.  Sir  ? 

Lkgkifoot,  I  know  nothing  of  that,  Sir,  I  was 
never  concerned  before. 

Mr.  Holt.  Pnij,  Sir,  who  used  to  manage'the 
pofl  before  ttiis  time  f 

Sir  Fr,  Winn.  Mr.  Lightfoot,  I  would  ask 
you  a  question  :  who  managed  the  poll  before  ? 

UgMfoot.  I  have  been  m  a  common  hall 

when  th«y  have  been  chasing  sheriffii,  when 

tereral  have  fined.    And  it  bath  been  upon  the 

oaestionY  when  the  hall  hath  divided,  and  they 

ure  polled  in  the  hall. 

Sir  Fr.  Winn.  Who  polled  then  ? 
Lightfoot,  The  snerifTsand  the  officers  stood 
tfidsaw  them  go  oiu,  and  this  is  within  these 
Kiv  years. 

VOL.   IX 


Sir  JFV.  ITifin.  Mr.Li^tfoot,Iadcyouthus(. 
now  in  all  your  observations,  when  there  wai 
any  contest,  who  was  shi^riff  upon  the  election, 
and  the  divisions  during  the  thne  of  election, 
and  before  it,  were  at  an  end,  who  did  manage 
it,  the  sherifb,  or  the  lord  mayor  ? 

Lightfoot.  When  the  court  had  been  pro- 
claimed, and  the  recorder  had  spoken  to  them, 
my  lord  may^or  and  the  aldermen  withdreiir 
from  the  hustings,  and  the  sherifib  and  otiier 
officers  stood  there  with  them ;  then  the  com- 
mons proposed  who  they  would  have  pot  in  no;* 
mination,  and  they  were  put  up ;  then  the 
sherifib  have  turned  back  to  the  fentiemefi 
upon  the  hustings  to  ask  their  opimons,  how 
are  your  opinions  concerning  the  hands  P  W« 
do  lliink  it  goes  so ;  then  it  halh  been  de- 
clared. 

Sir  Fr.  Winn.  By  whom  P 

Lightfoot.  The  common  crycr,  or  the  com- 
mon Serjeant. 

Sir  JFV.  Winn*  Yon  say,  as  soon  as  my  lord 
mayor  withdrew,  during  the  time  of  electlODi  tie 
two  sherifis  managed  the  halL  » 

L^Mbot.  Intnat  manner  with  others. 

Sir  Fr.  Winn.  Mr.  Lightfoot,  do  you  nmeitt- 
her  who  adjourned  the  hall,  wben  Mr.  Beithel 
and  Mr.  Cornish  were  chosen  ? 

lightfoot,  I  cannot  tell. 

Serj.  J^eriei.  Mr.  Common  Serjeant,  are 
you  swchu  P— Com.  Stfiy.  Yes. 

Ser).  Jejftrie$.  ¥nj  wiU  you  tdl  Mf  lopnd 
andthejury  what  you  have  observed  in  partH^ 
cular,  because  I  mentioned  it,  in  the  time  of  sir 
Robert  Clayton  ?  Mention  how  that  was. 

Com.  Sery,  My  lord,  when  the  common 
crier  hath  made  proclamation,  the  lord  mayor 
and  court  of  aldermen  being  set  upon  the  hnsi* 
ings,  Mr.  Recorder  makes  a  speech  ;  as  soon 
as  that  is  done,  my  lord  raftyor  aud  the  aMermeU 
retire  into  this  court,  leaving  the  sherifls  and 
me,  and  thereat  of  the  officers,  upon  the  hust- 
ings, and  I  there  manage  the  eleetiou  ;  and 
when  the  election  is  made  I  go  up  to  the  court 
of  aldermen,  and  make  report  of  what  hath  been 
done  in  the  hall.  I  declare  the  election,  and 
I  manage  the  election,  and  do  it  as  the  duty  of 
my  olace.  ' 

Mr.  WiUiamt.  Who  manages  the  election  P 

Com.  Serf,  I  manage  the  election ;  I  d^lare 
what  is  my  opinion  of  the  election  in  the  hall ; 
and  I  come  and  make  report  to  my  lord'  may^ 
in  this  course ;  then  my  lord  mayor,  and  tile 
aldermen,  and  the  recorder,  come  down  again. 
I  remember  particularly  when  sir  Robert  Clay- 
ton was  lord  mayor,  it  was  about  the  choice  of 
Mr.  Bethd  and  Alderman  Cornish,  and  there 
was  a  great  disturbance  in  the  ball  ;  then  I 
came  into  the  court,  and  ailer  I  had  made  iny 
report,  I  offered  to  give  the  paper  to  the  re- 
corder tb at  then  was,  sir  George  J eifcries.  He 
told  me,  that  the  people  would  not  hear  him, 
and  therefore  he  would  not  take  the  papcK*. 
Upon  that  sir  Robert  Clayton  said  to  roe,  pri- 
thee, do  thou  speak  to  tnem  ;  they  wHI  hear 
thee,  if  they  ivill  hear  any  body  ;  tor  the  hall 
was  in  a  great  uproar,  and  they  catted  to  threur 
i      R 


tt43]     STAT1B-TaiAI£/35CHARLTOn.  l«S3.--7Halii/77bM»PlftMi^<m     1244 


me  off  the  hiutiiigB,  and  then  I  made  an  answer 
to  Sir  Robert  CJay ton ;  Sir,  it  is  ^not  the  duty 
of  my  office,  and  when  I  do  an^  tbiugr  tl^t 
is  not  my  office,!  shall  expect  particular  direc- 
tions. Then,  saith  be,  you  must  tell  them,  I 
must  adjourn  them  till  Monday,  because  I  go  to 
the  Old-Bailey  to  try  the  assassinates  of  Arnold. 
Thereupon  the  hail  was  adjourned,  and  procla- 
mation made  to  depart ;  and  my  lord  mayor 
-Attempting  to  go,  was  beat  back  twice  or  thnce, 
imt  at  last  they  let  him  and  the  aldermen  go, 
And  kept  the  sheriffs  and  me  till  evening.  At 
Jast  Mr.  Papillon  came  up  to  me  ;    Mr.  P^* 

Jillon,  says  I,  I  am  glad  to  see  you,  you  will 
ear  reason.  Says  he,  why  do  not  you 
go  on  with  the  poll?  I  told  him,  my  lord 
mayor  had  adjourned  the  hall.  Says  he,  I  did 
not  hear  it  before ;  but  now  you  tell  me  so, 
I  will  go  out  of  the  hall.  Says  I,  Sir,  you  will 
do  very  well  to  tell  the  hall  so  ;  which  he  did, 
and  some  went  away  ;  and  further  adjourn- 
ments were  made  by  the  direction  of  my  lord 
.mayor. 

Ait.  Gen.    I  .wonld  aak  you  a, question  or 
^o :.  Who  do  you  look  upon  to  be  the  chief 
jnmstale  of  the  city  ? 
>  Com,  Serf.  My  lord -mayor.  Sir. 

Att.  Gen.    Pray,  in  all  your  time  till  this, 
was  .there  no  uproar  ?    Did  ever  any  sheriff 
•  undertake  to  oontroul  the  mayor  in  the  busi*, 
ness  of  putting  questions,  or  taking  votes  ? 

Com*  Sety,  Sir,  there  was  never  any  dispute 
till  Mr.  Sheriff  Bethel  was  upon  the  hustings, 
ftod  then  there  was. 

Att.  Gen.  As  whose  officer  did  you  do  it  ? 

Com.  Serf.  My  lord-mayor's,  and  die  city  of 
London's ;  I  have  nothing  to  do  with  the  she- 
rifis ;  for  when  there  is  a  writ  comes  for  the 
choice  of  pariiament-men,  directed  to  the 
sheriffs,  I  never  do  it,  but  Mr.  Seoondaiy. 

Att.  Gen.  I  speak  of  latter  disturbances. 

Com.  Serf.  The  first  dispute  about  sherifis, 
since  I  was  common  seijeant,  was  about  Mr. 
Jenks,  and  that  poU  was  taken  by  the  diiection 
of  the  lord-mayor,  by  the  town  clerk,  and  my- 
self;  and  our  books  say.  If  there  be  a  dispute 
in  the  common  hall,  it  must  be  decided  as  in 
the  common  council.     It  is  in  Liber  attu$. 

Ait.  Gen.  U^niger. 

S&j.Jeff'.  "No,  lAber  allnu. 

Att.  Gen.  JUher  albu$  f  It  ii  Liber  niger^ 
tiiey  turn  the  white  book  into  a  black  book 
now. 

Sir  Fr.  Winn.    At  that  time.  Sir,  when  my 

lord-mayor  was  willing   to   go  to   the  Old 

Bailey,  IhA  the  sherifls  do  any  thinff  farther  P 

C<m.Serf,  ThesheriffifdidnotBaeddleinthe 
matter. 

Serj.  Jeff.  Mr.  King,  pray  give  my  lord  and 
the  jury  an  account  of  what  you  know  of  this 
matter. 

Mr.  Peier  King.  I  have  been  at  a  court  of 
common  hall  28  years,  my  lord,  and  hfive  been 
concerned ;  I  never  looked  upon  the  sheriffii 
to  have  any  concern  there.  And  I  do  very 
wett  remember  sir  Geoige  Jefferies;  I  do  re- 
vatuhtr  and  know,  they  did  always  in  Imcient 


times  take  advice  of  the  officers  by*  and  ihej 
never  did  esteem  themselves  in  those  dMrs,  t» 
be  any  more  concerned  than  as  the  best  officers 
to  be  preferred  before  the  rest :  When  my  lord 
says.  Come  up,  they  come  in  or«ter,  the  mas* 
ters  and  wardens  of  the  companies. 

Att.  Gen.  Who  did  do  the  business  upon 
the  hustings  ? 

Mr.  King.  All  of  them,  Sir,  all  together. 

Ait.  Gen.  Was  there  never  any  differeaco 
about  the  votes  P 

Mr.  King..  Sometimes  they  have  stood  upon 
it.  ' 

Att.  Gen.  When  there  was  a  ouestioa  made 
to  know  who  had  the  most,  who  decided  it  ? 

Mr.  King.  They  generally  asked  one  ano- 
ther. What  do  you  uiink,  and  what  do  yoa 
think  P  I  speak  for  SO  years  together  since  the 
king  came  in. 

Att.  Gen.  I  hope  in  God  there  bath  been  a 
king  in  England  for  30  years,  though  perfcafto 
some  of  the  sherifls  that  were  then  in  debale, 
would  have  had  none. 

Mr.  Thompson.  Mr.  KiOff,  I  only  detrire  to 
know  this  of  you,  because  I  know  you  knovr 
questions ;  I  desire,  my  lord,  to  know  whetber 
he  speaks  it  to  be  a  matter  orrigbt,  or  his  opir 
nion  ;  for  wc  know  Mr.  King^s  opinion  will  go 
a  great  way  in  tliis  matter.  Do  you  speak  it 
as  a  thing  of  rip^ht,  or  as  your  conceptions? 

Mr.  King.  Sir,  it  would  be  a  thine  very  coa« 
fident  in  me  to  determine  qi  the  right,  but  only 
as  I  always  esteemed  it. 

Serj.  Jeff.  Mr.  King,  1  would  ask  you  this 
imestion ;  Pray  do  you  tell  your  belief  upon 
the  observation  that  you  have  made  from  tone 
to  time  of  the  practice  there  ? 

Mr.  King.  An  hundred  and  a  huudred  com- 
mon halls  I  believe  I  liave  been  at. 

Mr.  Utompton.  Tliat's  good  store. 

Seij.  Jeff.  That  may  be  when  there  are 
many  fines;  when  I  was  common  setjeant, 
there  were  5,000/.  fines  one  year. 

Sir  Fr.  Winn.  I  desire  you  to  me  your  opi- 
nion ;  you  say  they  are  all  equal  that  are  tbereu 

flr.King.  Every  officer  in  his  d^ee:  for  if 
SO  men  go  together,  he  that  is  best  speaks  finC 

Att.  Gen.  Were  the  sheriffii  Allowed  to  be 
there,  or  no? 

Mr.  King.  The  sheri£&  are  always  bound  to 
attend  my  lord-mayor  by  their  oaths,  unleae 
they  have  lawful  esrcuse. 

Mr.  Jones.  .  Mr.  King,  did  the  sheriffs  ever 
continue  the  assembly  after  it  was  dissolved  P 

Mr.  King,  No,  Sir. 

Mr.  Jones.  Or  could  they  do  it? 

Mr.  JCiR^.  I  can't  say  tnat 

Mr.  Thon^fson.  Did  you  ever  know  my  Istd- 
mayor  adjourn  the  court  till  the  hall  had  done  ? 

Mr.  Xing.  I  can't  tell. 

Mr.  ThiWipson.  I  tell  yoU|  Sir,  sir  Samuel 
Starling  did. 

Seg.  Jeff.  But  the  sheriflb  could  not  do  it. 

Mr.  Tlumunon.  Nor  he  neither ;  for  he  paid 
for  it. 

Mr.  Holt.  Mr.  King,  I  ask  this  qpiestion; 
Who  declares  the  poll  in  the  ballf 


i 

i 

I 
I 


Mr.  Kimg,  They  always  aeree,  onlesa  it  be 
voy  dear ;  I  bare  knowa  the  common  ser- 
jenit  do  it  ae^eral  timea  without  disputiiig^. 

Can.  JSen*  When  perBoos  are  put  in  nomina- 
tm,  and  the  haiMM  are  held  up  ;  I  generally 
adc  the  people  aboiit  me,  who  ha?e  most,  and 
particulany  the  sheriffs,  and  so  make  declara- 


M5]         STAll  TRIALS,  35  CAarUs  IL  t6HS.^fmdaihen,fifr  m  K^.        ["i^S 

■  Mk*.  King,  Tlie  commoQ  aegeant    '  |     Serj.  Jeff,    Mr.  Common  Cryer,  I  would 

Mr.  HolL  Who  directs  him  usually  ?  fain  know  this ;  when  my  lord  ma^'or  is  gooe^ 

lir.  Kmg,  Has  office  directs  itself.  and  the  aldermen,  during  the  election,  do  you 

Mr.  Hoit,  •  I  ask,  if  the  &henfia  don't  agree,    eter  disouss  the  court  before  my  lord  comes 
who  ia  elected  before  the  common  Serjeant  make    down  again;  and  do  not  you  take  the  very 

words  of  dissolution  from  the  town*clerk  ? 
Com.  Cmer,  1  do  so. 

Serj.  Jeff  And  what  is  usnal  in  yoqr  tim* 
when  sheriffi  have  fined  off;  who  gave  di« 
rections  for  a  common- hall  ? 
Com.  Cryer,  My  lord  mayor,  Sir. 
Att.  Gen,  Who  is  it  puts  the  question,  th« 
common  Serjeant  or  the  cryer  ?  . 

Com,  Cryer.  The  common  seijeaot  dictates 
tlie  words  to  me,  and  I  never  take  them  from 
any  other ;  I  have  taken  the  paper  into  my 
own  hands,  but  never   but  one  yearneither. 


JL  C  J.  The  oflicers  ask  one  another,  who 
ttey  think  has  most?    That  doth  not  give 
the  inrisdiction,  that  they  choose  officers  I 


the  krd-mayor  or  sneriffs:  But,  for    when  they  were  in   a  confusion  ;    the  time 


aa^t  that  I  see,  these  officers  have  had  more 
•a  do  about  the  choice  than  the  sherifiis  have. 
These  officers  consult  one  with  another  com- 
aofthr,  and  conclude  which  side  have  most ; 
and  tiien  rq^rt  it  to  my  k>rd-mayor. 
803.  «K^  First  of  all,  when  they  put  anv 
a  M  any  officer  in  the  common  hall, 
a1  way  of  putting  the  question  is,  <  As 
ly  of  yon  as  would  have  such  a  man  to 

*  besiich  an  officer,  hold  up  your  hands : '  And 
if  the  election  be  dear,  proclamation  is  made 
praacntly :    If  not,  the  common  serjeant  asks, 

*  Who  they  think  hath  the  majority  ?'  Which 
bang  deduned)  they  acquiesce.  But  since  Mr. 
Ilethel  came  in,  tblere  have  been  very  hot  dis- 

I  in  the  world  ;  but  before  bis  time  there 
attempts  made  to  keep  sheriffs  off,  but 
'  before  to  get  sheriffs  on.  And  after  the  eleo 
tioD  is  declared  bek>w,  immediately  they  go  to 
vy  lord-mayor,  and  report  it  to  him :  And  then 
comes  down  the  mayor  and  aldermen  to  the 
bostngs,  and  the  Recorder  says,  *  We  are  in- 

*  fbimed,  that  such  and  sucn  persons  have 
*becn  pnt   in    nominatioo,  and  the  election 

*  passed  upon  such  and  such.'  And  then  the 
wfd-aiayor  commands  the  assembly  to  be  dis- 
solved. 

Mr.  WeiU.  When  a  common  hall  is  first  met 
together,  are  not  the  lord-mayor  and  aldermen 
{vnorally  present? 

Com.  Cryer.  At  the  first  meeting. 

Serf*  Jeff  When  they  are  set,  give  an  ac- 
count what  proclamation  is  there  mode. 

Att.  Gen.  How  lonc^  have  you  known  it? 

Com.  Cryer.  I  have  been  in  this  place  almost 
17  years ;  I  always  come  willi  my  lord 
mayor  ;  I  do  make  proclamation  by  order  of 
my  lord  mavor,  dictated  by  the  town-clerk  ; 
sad  1  take  the  words  from  the  town-clerk ; 
Hid  his  words  I  say  ;  '  You  good  men  of  the 
*■  livery,  summoned  to  appear  here  this  day,  for 
'  the  oonfirmatioii  of  such  a  one  chosen  by  my 

*  lord  mayer,  and  another  fit  and  able  person, 
*to  be  neriffs  of  the  city  of  London,  and 

*  eoonty  of  31iddlesex  for  the  year  ensuing, 
*4rwr  near,  and  give  your  attendance.'  I 
Btrer  aiyooroed  tw  court  in  my  life,  but  by 
9rkr  from  my  lord  mayor ;  nor  never  dissolved 
^  court,  but  bj  order  from  my  lord  mayor. 


when  Mr..  Bethd  was  chosen  there  was  somtf 
difference,  I  did  read  the  names  that  time,  and 
never  but  that  one  time,     t  always  take  the 
words  from  the  common  serjeant;    I  never 
put  any  vote,  but  what  I  have  from  the  com^ 
mon  seijeaot. 
Att.  Gen.  Do  the  sheriffs  put  any  rote  P 
Co9n,  Cryer.  Never,  Sir. 
X.  C.  /.  I  do  not  understand  him  ;  I  thinli 
he  ^d  mean,  when  Bethel  was  chosen,  he  put 
the  question  by  somebody  else. 

Serj.  Jeff,  No,  no,  he  took  the  paper  in  his 
hand.  Before  he  used  to  take  dictates  froni 
the  common  sericant ;  but  there  was  a  confu- 
sion when  Bethel  was  chosen,  ai.d  then  he  ttRik 
the  paper  from  the  common  segeant  and 
read  it. 

Com,  Cryer.  He  gave  the  paper  into  mj 
hand. 

Com.  Serf.  My  lord,  they  made  such  anoisq, 
that  he  could  not  hear  me. 

Mr.  Williams.  Mr.  Wells,  how  long  have- 
you  been  common  cryer  ? 

Com.  Cryer.  About  seventeen  years. 
Mr.  Williams.  In  all  that  time  did  you  ever 
hear  the  lord  mayor  adjourn  the  court  to  a  cer- 
tain day  ?—Com.  Cryer.  Yes. 
Mr.  Williams.  To  a  certain  day  ? 
Com.  Cryer.  My  lord  mayor  adjo'umed  this] 
common  hall  to  a  certain  day. 

Mr.  Willianis. '  I  ask  you  upon  your  oath- 
again,  Did  you  ever  know  the  lord  mayor  ad- 
journ a  common  hall  to  a  day  certain  ? 

Serj.  Jeffl  Do  you  remember  that  of  sir 
Robert  Clayton's  ? 

L.  C.  J.  If  so  be  they  be  adjourned,  to  meet 
upon  a  new  summons,  if  there  be  occasion,  na 
question  but  he  may  to  a  certain  day. 

Mr.  Williams.  Now  we  are  upon  matter  o£ 
fact. 

Sir  JFV.  Winn.  Did  you  ever  knotv  my 
lord  mayor  adjourn  tliem  before  the  election 
of  sherifis  was  over  ?  Here  is  my  question,  ob- 
serve it.  When  after  once  my  lord  mayor  ig 
gone  out  of  the  hall,  when  tlie  election  b^ns, 
did  you  ever  know  my  lord  come  and  disturb 
the  election,  or  adjourn,  it  before  it  was  done  ? 

Com.  Cryer.  I  never  knew  any  thing  of  ft 
before  now. 


^47]    STATRl!taAlJi,$SiinAUi.uBlLl6^$^fiMofT  ^um 


Ah.  Gen,  Mr.  Welks  do  you  vemeiDber 
4hat  instance  in  sir  Robert  Cbyton's  time  ? 

Com.  Cryer.  No,  Sir. 

Att,  Geiu   Have  not  yon  known  my  lord 
mayor  dissolve  the  court  before  the  business 
luitn  been  done ;   take  up  his   sword  and  be 
gone? 
'    Com,  Ctyer,  When  be  hath  a  niind  to  ad- 

£arn  the  court,  and  declare  it^  I  adjourn  it  by 
s  order. 

Att,  Gen,  Bat  hare  you  not  known  him 
takeifp  hi&  sword,  and  be  gone  before  the 
electiop  is  oyer  ? 

Com,  Cryer.  ^^  Robert  Clayton  did  do  that 
before  the  business  was  done, 

Mr.  Thompson,  Mr.  Wells,  do  not  yon  remem- 
her,  m  sir  Samuel  Starling's  case,  that  he  did  ad- 
journ tlie  hall  P 

Com.  Cryer,  He  dissolved  the  hall. 

Mr.  Thompson,  Very  well. 

Serj.  Jeff,  He  did  dissolve  the  hall,  and  so 
hath  eiery  lord  mayor  since.  My  lord,  if 
your  lordship  please,  I  perceive  this  gentleman 
makes  a  question.  Whether  ever  there  was  an 
ac)joumment  of  a  common  hall  before  such  a 
time  as  the  election  of  sheriffs  was  over.^  I 
will  give  you  an  answer  to  that  question, 
and  a  very  iair  one,  and  a  plain  one ;  I  say, 
till  the  time  of  Bethel,  in  sir  Robert  Clayton's 
inavoralty,  there  was  never  such  a  thing  as  a 
poll  for  sherifis. 

£.  C.  J.  Silence,  that  we  may  hear. 

Mr.  Williams.  My  lord,  we  only  ask  a  ques- 
tion, we  ask  a  question  and  take  our  answer. 

Serj.  Jeff.  Will  you  give  us  leave  to  go  on, 
Sir? 

Att,  Gen,  Sir  William  Hooker^  Pray  how 
k>ng  is  it  since  you  were  sheriff  of  London  ? 

w  W,  Hooker.  About  16  or  17  jrears  ago. 

Att,  Gen. '  You  have  been  sheriff  ana  lord 
mayor  of  London:  I  would  only  know, 
Whether  you  looked  upon  it  as  your  right  when 
you  were  sheriff  ? 

Sir  W,  Hooker,  No,  nor  ever  durst  presume  to 
think  it:  In  those  days  it  was  not  thought 
upon. 

Att.  Gen.  When  vou  were  lord  mavor,  did 
you  order  summons  mr  common -halls  r 

Sir  W.  Hooker,  Always. 

Ait,  Gen.  Did  you  ever  use  to  consult  with 
your  sheriffs  when  to  call  a  common  haU  ? 

Sir  IK  Hooker.  Never;  and  I  think  no 
«uch  thing  was  ever,  heard  of  under  the  sun, 
till  of  late. 

Mr.  Thompson.  Sir  W.  Hooker,  did  "you  ever 
^journ  the  court  before  the  business  was  done  t 

Stir  W.  Hooker.  I  never  saw  any  such  oc- 
C^on ;  rebellion  w^s  not  ripe  tlien. 

Att.  Gen.  Sir  William,  pray  thus;  Have 
you  ever  in  a  common  council,  or  common 
pall,  known  my  lord  mayor  rise  before  the  bu- 
siness was  done,  and  take  his  sword. 

Sir  W.  H.  I  confess  I  mjust  own  it,  that 
when  things  grew  to  a  great  height,  I  was 
forced  once  in  this  place  to  cause  the  sword  to 
he  taken  up  and  go  out,  and  the  court  was  dis- 
•olved^  and  durst  not  go  on  afierl  was  gone. 


Serj.  Jts^^rttt.  Now^my  lord,  if  year  loid- 
ship  please,  I  desire  to  call  theswora-beaMr* 

Mr.  WiUiam.  Sir  W.  Hooker,  jf  I  may, 
without  offence,  ask  you,  how  old  are  yoaF 

Sir  W.  H.  Seventy  years  of  age.  Sir. 

Mr.  Williams,  You  say  yoa  never  knew  r^ 
bellioi^  ripe  ? 

Sir  W,  H,  Good  sir,  I  peioeiveyoa  are  very 
apt  to  mistake  ;  I  lived  ia  1041  and  1643. 

Att,  Gen.  Sir  William,  caa  yoa 
the  meeting  in  1648  ? 

Sir  W.  H.  Ay,  very  welL 

Att,  Gen,  Then  tliey  asurped  the  vary  tn 
power,  and  an  act  of  parliament  to  oonnrm  ia. 

Seij.  J^eriss,  My  laid,  I  derira  Mr.  Sirard- 
bearer  may  be  sworn. 

Sir  Fr.  Winn,  Pray,  Sir,  ia  all  the  time  that 
you  have  been  acquainted  with  tiw^  coafeoma  of 
London,  did  Tou  ever  know  when  there  was 
an  election  for  sherifis,  that  the  knd  mayar 
did  interpose  or  meiMte  till  the  dectiaift  waa 
over? 

Sir  W,  H,  Sir,,  of  late  years  I  have  not  a»« 
peered,  because  of  an  innrmity,  I  canaat  be 
long  in  London  :  but  in  all  that  ^me  1  used  to 
appear,  I  never  did  observe  any  sach  thiar* 

Sir  Fr,  Winn,  That  the  mayor  ever  meddled  ? 

Sir  W.  H  Nay,  Sir,  that  the  sheriflb  ever 
meddled.  When  1  was  sheriff  of  LondoD,  I 
durst  not  presumeto  meddle,  but  left  the  wM^ 
to  my  lord  mayor. 

Sir  Fr.  Winn.  Did  you  ever  know,  wl 
the  election  of  sheriffs  was  ia  a  oommon  I 
that  the  lord  mayor  offered  to  diatorb  them. 
the  election  was  over  ? 

Sir  W.  H.  Truly  1  do  not  remember  ai^ 
such  thioff .  Sir  Fr..  Wianington,  1  would  sive 
you  a  full  answer;  I  do  tdl  yon,  as  it  haHa 
been  declared,  ray  lord  mayor  and  aMcrmso 
come  into  the  cotvt,  and  a  report  is  made  ; 
when  this  is  done,  they  leave  the  managameot 
of  the  affatrto  others  ;  we  come  and  sit  dowu 
tiH  it  is  done. 

Sir  Fr,  Winn,  To  whom  do  yoa  leave  the 
concernment  ? 

SvcW.H.  to  the  offioers  that  it  bdaaga  to. 

Sir  Fr,  Winn,  Who  are  those  oflkers  f 

Sir  W,  H.  I  naver  heard  it  disputed  till  joit 
now. 

Mr.  Jones,  Sir  W.  Hooker,  you  have  been 
an  ancient  citizen:  Do  you  remember,  thaa 
ever  the  sheriflii  presumed  to  hold  this  court  ? 

Sir  W.  H,  No,  never  in  my  life.— »You  may 
confound  any  man  at  this  rate. 

Mr.  WUliamt,  Pray,  Sir,  in  yoar  tiflM  was 
there  a  poll  for  sherin  inXondon  ? 

Sir  W.  H,  Truly  not  as  I  remember. 

Mr.  Williams,  Do  yoa  remember  any  poB 
in  your  time?  If  you  don't  "remember  a  pofl, 
you  can't  remember  who  took  it. 

Sol.  Gen,  Pray,  sir  W.  Hooker,  do  yoaa^ar 
retnember  the  sherifis  appointed  the  comaMm. 
sk;jeant  to  take  the  poll  ? 
-  Sir  IF.  H.  Never  m  my  Ufe. 

Serj.  Jeff  cries.  Mr.  Sword-bearer,  I  won't  aak 
you  how  old  you  are  :  I  deshre  to  know  how 
Jong  you  have  been  an  officer  in  this  city. 


1491        SfFATE  1WALS»  $i  Ch  AftUS  n.  l668«<Hiiiil  #f Wt ,  /<»r  a  Jtlol. '       [t  50 


Anxn^fteorcr.  llirM  umAiweat?  yean. 

So}.  Je^  I  deginto  kuovr  in  aU  yoar  time 
ip)m»  ordoed  common  halls?  Who  gare  di« 
netai  fiir  the  nunmoaioff  oommon  hatla?  - 

Swar^bemrer,  My loramayor always. 

Serj.  J^.  Did  my  lord  mayor  use  to  tend 
be  tfave  slMri^  to  Imow  of  them  when  they 
woaM  be  pleased  to  hare  a  eommon-haU  ? 

Smord'b^g^tr.  I  never  knew  that  the  sheriffs 
fidiaterpQae  in  eallin|f  a  common  hall  in  my 

Serjw  Jeffi  Hb.  8word-be«cr,  at  sneh  time 
aathe  bosmesB  was  done,  when  the  common 
$tyer  had  daneelasva  for  dissolTing  the  common 
haUy  pray  wlio  used  to  ghre  these  directions  all 


Sword^btorer.  It  was  done  by  the  town  cleric, 

~  Bsy  lord  mayor's  officers. 
.  HkeQ^J^,   Did  ever  the  sherifib  continue 
the  biui  after  my  lord  mayor  had  adjonmed  it  ? 

Smard'bearer.  Truly  I  know  no  snch  tiiino^. 

Hir.  Tkompson*  Mr.  Sword*bearer,  I  would 
adEymoBeqaestion  :  If  in  case  the  common 
seneant,  or  the  common  ovyer,  or  any  other 
twipgns  do  pot  a  question  tliat  the  commims 
waold  not  have  put,  who  orders  tiiem  to  pat 
tlM  lig^  question  T 

StMrd-Mortr,  I  oan't  say  any  thing  to  that 

Ati.  Oen.  After  the  common  Serjeant  comes 
■paod  reports  idiat  is  done,  then  what  dodi 
my  hnd  majfor  do  ? 

Smord-beirer.  My  lord  mayor  and  the  al^- 
dorraeD  go  down  to  tiie  hustings,  and  it  is  de- 
ebred  by  the  recorder,  or  the  common  sar- 
jeaat,  by  the  order  of  my  lord  mayor. — I  think 
my  Isnl  mayor  went  once  down  to  give  them 
some  aatiafectioli  upon  a  dispute^ 

SarFnu  Wtmu-  Mr.  Man,  during  the  elec- 
lisB  did  yoa  ever  hear  them  adjourned  before  it 
vaaorer? 

Smord'bearer.  No,  Sir;  nor  never  heard  any 
•eeaaion  lor  it 

Mr.  Willwmi.  The  oommon  Serjeant  affirms 
himself  to  beasenrantto  the  .commons,  and 
■ot  to  the  lord  mayor  and  aldennen ;  have  you 
kunm  «  common  sojeant  say,  he  was  a  ser- 
vant to  the  commons,  and  not  to  the  lord 
iHEvor  and  aldermen  ? 

Sword-bearer,  I  never  was  in  a  common 
hdl  upon  any  such  dispute,  I  am  with  my  lord 
mayor. 

Seij.  Jf^.  Ihave  known  a  recorder  repre- 
hadediiy  avery  learned  lawyer,  for  saying, 
'  My  masters  the  aldermen.' 

im  Fra.  Wirm,  I  ask  you  who  hath  the  ma- 
nagement of  the  common  haU  in  the  absence 
ofthemayor« 

Swerd-learer,  I  am  always  there  waiting 
upon  my  lord  mayor. 

Sen.  Jeff.  My  lord,  if  your  lordship  please 
«€  win  rest  here  as  to.  point  of  ri^ht.  Now, 
my  lord,  in  the  next  place  we  will  come  to 
that  fdiich  is  a  more  immediate  question  before 
.yso,andwe  will  prove  the  manner  of  it,  and 
tbepevBona  thai  are  guilty ;  tor  that  is  the  next 
stn  wears  to go» — Mr.  Bancroi^. 

Hr.  WiUi€m9.  My  lord,  tbey  hare  said  ia 


tibe  information,  *That  the  sheriffs  are  duly 
dected,  for  oneyear  next  following,  from  the 
eve  of  St  Micluid  ;  now  prove  your  electaoa 
to  be  for  that  yearyou  have  laid  in  your  infor- 
mation. 

Mr.  Thompson,  My  lonl^  they  have  cer- 
tainly in  fact  mistaken,  their  infomiation.  My 
lord,  they  do  declare  that  the  oommon  hall  was 
held,  according  to  custom,  far  the  election  of 
sheriflb,  to  hold  that  office  from  the  eve  of  St. 
Michael,  for  the  year  next  ensuing ;  Now,  my 
lord,  that  is  not  so  in  fact,  nor  never  was,  ibr 
the  election  is  for  a  year  to  commence  on 
Michaelmas  day.  They  take  on  the  eve  the 
office  upon  them,  bat  they  do  absolutely  exer- 
cisethe  offioefor  a  year  from  that  time  troa 
the  eve.  Now  my  lord,  we  say,  that  day  is  ex- 
cluded, we  are  sure  it  is  a  common  case^  it  ia 
known  very  well ;  as  in  a  lease,  the  Habendum 
from  any  date^  the  day  of  the  date  is  no  part 
of  that  lease,  it  is  exclusive  and  no  part  of  tha 
term,  and  therefore,  my  lord,  if  they  do  not 

Erove  it  as  they  have  laid  it,  we  hope  they  will 
a  nonsuited. 

Sol,  Oen.  That  is  another  piece  of  lasr. 

Mr.  Hoii.  The  eve  of  Michaehnas  day, 
we  make  this  objection,  and  put  you  to  prove  it. 

Seij.  Jeff.  Give  us  leave  to  so  on';  Gentle- 
men, let  us  prove  what  we  think  fit ;  and  if  w» 
have  not  made  it  out,  then  make  your  excep* 
tions. 

Mr.  6olt,  Mr.  Seijeant,  I  think  it  is  propor 
to  put  it  now,  ftr  if  there  be  no  such  electiga, 
there  can  be  no  snch  riot ;  for  they  have  mad» 
it  a  riotin  a  special  manner. 

Serj.  Jef,  Mr.  Holt,  under  your  fimmr,  it 
is  not  a  time  now. 

Att.  Gen.  This  is  the  oddest  way ;  thes# 
gentlemen  take  upon  them  so:  I  will  not 
prove  it ;  and  pray  be  quiet  till  I  come  to  ipy 
time. 

Sir  F^a,  Winn,  Pray,  Mr.  Attorney,  if  wa 
have  an  objection  to  make,  if  the  court  pleases 
we  may  be  heard. 

Serj.  Jeff.  Certaiuly  it  was  never  known^ 
that  when  Mr.  Attorney  exhibited  an  is?fbrma- 
tion,  to  tell  us  how  to  prove  it.  Surely,  gen- 
tlemen, yon  will  give  us  leave  to  go  on  witlh 
our  proo^  won't  ye  ? 

Mr.  Mollotf,  Mr.  Bancroft,  How  long  hara 
you  been  a  servant  of  the  city  f  by  whoae  or* 
der  was  the  hall  summoned? 

Mr.  Bancroft.  By  my  lord  mayor's. 

Mr. .  Who  hath'dissolved  them  f 

Bancroft.  My  lord  mayor, 

Mr. .    IJid  yon  ever  know  &e  sheriA 

give  any  order  for  the  dissolving  of  it  ? 

Bancr^.  No. 

Mr.  Thompfon,  Did  you  ever  know  it  dis^ 
solved  before  the  business  was  done  for  whicli. 
they  v^ere  called  ?  Did  my  lord  mayor  in  your 
time  cjther  dissolve  them,  or  send  them  going, 
till  the  election  was  over. 

Bancroft,  I  can  say  nothing  to  that 

Att.  Gen,  Mr.  Bancroft,  I  wouW  ask  yoa 
thtt,  Sir;  did  the  sheriffii  ever  cohtinue  iSbm 
hall  after  my  lord  mayor  had  dissolved  it  ? 


251]    STATE  TRIALS^  35  ChauuIL  iGB^^TrMcfVumUuPlllcMgimi     [t5f 


jBmrro^.  No,  I  herer  knew  that  in  my  life. 

Sir  Fra.  Winn,  Mr.  Bancroft,  I  would  ask 
you  a  question ;  I  don't  ask  vou  who  calls 
them,  or  bids  them  go  home  ;  uuring  the  time 
of  the  dectioo  did  my  lord  mayor  evei'  meddle  ? 

Bancroft.  My  lord  mayor  withdraws. 

Sir  Fro,  Winn,  Who  are  those  among  the 
commons,  that  manage  the  business  when  my 
lord  ma3ror  withdraws  ? 

Bancr^.  The  sheriffs,  and  the  common 
Serjeant,  and  the  common  cryer. 
•  Sir  Fr<z.  Winn,  Who  manages  the  election? 
who  declares  the  election  ?  wno  declares  who 
is  chosen  ? 

Bancr^,  When  the  election  is  made  below, 
tlien  the  sheriffs  come  up,  and  the  common 
Serjeant,  and  the  common  cryer  along  with 
them,  and  acquaint  my  lord  mayor,  and  ne  ^ocs 
down,  and  there  doth  con6rm  the  election; 
and  withal,  when  the  work  is  dpne  he  dtssolFes 
the  court. 

Mr.  Williamt.  Did  you  ever  know  a  poD  lor 
sherilis  P 

Mr.  ^Dumpson,  Do  you  take  the  common 
Serjeant  to  to  an  officer  of  the  commons  of 
London,  or  an  officer  of  my  lord  mayor's  ? 

Bancrcft,  I  cannot  be  certain  wliat  he  is. 

Mr.  TAontpson.  If  in  caseithe  common  ser- 
geant differ  from  them  in  declaring  the  poll,  it 
IS  not  usual  for  the  common  haD  to  order  him 
to  put  it  up  again  ? 

Seij.  Jeff.  Who  does  make  a  judgment  of 
the  election,  the  common  seijeant,  or  the  she- 
riffs ?^Bancraft.    The  sheriffs. 

Serj.  Jeff.  Does  not  the  common  sei^jeant 
make  observation  as  well  as  the  sherifls  ? 

Bancroft.  The  sheriffs  give  their  opinions 
in  it. 

Seij.  Jeff,  Now,  my  lord,  if  your  lordship 
please,  ff  they  had  done,  we  would  desire  to  go 
on  to  our  fact ;  Ibr  otherwise,  for  ought  I  per- 
ceive, we  shall  be  in  here  till  this  time  to-mor- 
row, and  they  say,  we  must  not  adjourn  till  the 
<*ause  is  over.  Mr.  Common  Cryer ;  hark 
you,  Mr.  Common  Cryer,  were  you  present  at 
Midsunggooer  day  when  this  business  happened? 
Give  my  lord  and  the  jury  an  account  of  the 
carriage  then. 

Cam.  Cryer.  I  was  there  at  the  beginm'ng  of 
the  (Section  \  I  did  make  proclamation,  and  af- 
terwards there  was  a  poll  demanded,  and  the 
I)o]l  was  bq^un,  and  I  went  home  with  my 
ord  mayor ;  afterwards  my  lord  mavor  came 
back  again,  and  there  was  a  nubbub ;  nut  about 
^^e  or'  six  a  dock,  my  lord  qiayor  came  down 
upon  the  hustings,  and  I  adjourned  the  court 
till  another  day  ;  I  did  adjourn  it  by  his  order, 
according  as  I  used  to  do,  and  then  I  went 
away  wSi  my  lord  mayor. 

Att.  Gen.  But  what  usage  had  you  in 
going  out? 

CSn.  Cryer.  I  went  before  my  lord  mayor,  I 
was  not  with  him. 

Mr.  WHliatttt.  Where  was  the  adjournment  ? 

Com.  Cryer.    Upon  the  busting. 

tfr.  Williams,  Were  tlie  sheriffs  polling  the 
people  then? 


Com.  Cryer.  I  don't  know  that,  Sir. 

Mr.  Williams.  Were  the  shenffi  near  the 
hustings  ? 

Com.  Cryer.  I  don't  know,  I  saw  them  not. 

Sir  Fra.  Winn.  Upon  the  election  of  ^em, 
when  my  lord  mayor  came  to  aiQouni  the 
court,  were  the  sheriffs  acquainted  with  it  t 
Where  were  the  sheriffs? 

Com.  Cryer.    My  lord  mayor  sent  to  them. 

Serj.  Jeff,  Mr.  Weston,  Phty  will  you  tdl 
my  lord  and  the  jury  what  directions  you  had 
from  my  lord  mayor,  and  how  he.  was  used 
when  he  came  out  of  the  hall  ? 

Mr.  WcBton.  My  knrd  mayor  sent  me,  my 
lord,  to  the  sheriffi  under  the  Lombard-Hona^ 
twice  to  come  up  to  the  council  chamber,  and 
they  told  me :  One  told  me  he  was  upon  the 
king's  business,  and  the  other  said  he  conJd  no4 
come ;  and  abont  half  an  hour  after,  my  lord, 
sheriff  Pilkington  came  up  to  my  lord  mayor 
into  tlie  council-chamber,  and  then  imme- 
diately came  down  to  the  court  of  hustings, 
and  Mr.  Common  Cryer,  by  my  lord  mayor'* 
order,  did  adjourn  the  court  from  Saturday  tiU 
Tuesday  following ;  and  as  we  were  comiaflp 
out  of  the  hall,  when  Mr.  Common  Cryer  bad 
adjourned  the  court,  and  said,  God  save  the 
Kuig,  a  great  part  of  the  hall  hissed ;  and,  but 
that  there  were  so  many  honest  gentlemeii 
about  my  lord,  I  was  afraid  my  lord  would 
have  come  to  some  mischief ;  but  coming  to  so 
into  the  Porch-yard,  I  saw  his  hat  off,  ana  1 
went  to  catoh  iTis  hat,  and  caught  one  of  his 
officers  by  the  head,  that  was  knocked  down  or 
fell  down,  that  held  up  his  train.  My  lord,  the 
sword  was  at  that  distance,  farther  than  it  is 
between  your  honour  and  where  I  stand,  and. 
crowded  far  away;  and  when  my  lord  came 
out  into  the  yard,  Gentlemen,  says  he,  I  desire 
you  would  go  home  to  your  lodgings,  and  com*  • 
manded  them  in  the  King's  name  to  depart: 
And,  says  he  to  me.  Pray  go  you  back,  and  let 
the  sherifis  know,  and  tell  them  I  have  ad^ 
joumed  the  court  till  Tuesday.  Upon  mw 
lord's  command,  I  went  back  to  let  the  sherim 
know,  that  my  lord  had  adjourned  the  court 
till  Tuesday. 

Serj.  Jeff.   Both  of  them,  both  Shute  and 
Pilkington? 
.    Weston*  No,  Shute ;  the  other  was  by. 

Serj.  Jeff.  It  was  in  his  hearing,  was  H  not  ? 

Weston.  It  was  in  his  hearing. 

^et^.Jeff.  Did  you  see  my  loM  mayor  down 
and  his  hat  off? 

Weston,  I  saw  his  hat  off,  sir  George,  but  I 
cannot  tell  how  it  came  off. 

Mr.  Williams.  You  say,  you  saw  my  lord's 
hat  off;  can  you  tell  whether  my  lord  was 
so  courteous  to  take  his  hat  off  or  no? 

Weston.    I  dare  sav,  my  lord  did  not. 

Mr.  Williams.  Did  he,  or  no  ?  I.  ask  yen 
upon  your  oath  ? 

Weston.  •  I  can't  tell  that.  Sir. 

X.  C.  J.  I  can't  think  that  those  gendemen 
were  so  extraordinary  civil  to  my  lord  mayor, 
that  when  the  common  cryer  made  prodama*- 
tion  God  save  the  King,  that  there  alioukl  ^ 


liiBiHg ;  tbose  thai  hiss'd  were  not  extnuirdi- 
MTj  cbil  to  my  lord  mayor,  aod  1  believe  you 
doo't  think  so  neither. 

Hr.  WUiiams,  I  ask  yon  a  question.  My 
kni  mayor's  hat  was  off--^ 

L.  C  /.  Ay,  and  it  most  be  sappose^  it  was 
Id  co«pliiBent_thQse  fine  men  tnat  hissM  at 
God  sare  the 


Seij.  Jef,  My  lord,  if  yoar  lordship  pleases, 
I  wooM  denre  to  know  what  acconnt  any  of 


t53]        STATE  TRIALS,  35  Charlbs  1L  1683 — §nd  others,  for  a  Rioi.        [254 

werQ  so  fond  of  this  man,  as  that  they  Rscued 
him  from  him ;  and  to  Ikx  it  upon  them,  we 
will  prove  they  were  every  one  of  them  con- 
oemed  in  the  riot.  Mr.  Graddock,  What  ac* 
comit  can  you  give  of  this  matter  ? 

Mr.  Craddock,  I  was  standing  at  the  place 
where  they  polled,  aod  my  lord-mayor  was 
coming  towanis  it  to  protest  againsttheir  man- 
ner of  proceeding ;  and  sheriff  B^el  came 
to  me  and  said,  *•  Resist  him'  (I  think)  « be 
'  hath  nothing:  to  do  here.' 

SeYJ.Jeff.  That  was  Bethel,  SHingsby  Bethel  f 

Craddock.  It  was  either  oppose,  or  leai^ 
him. 

1^.  Gen.  He  says  he  thinks  he  said,  resist 
him ;  but  he  is  snre  it  was  either  oppose,  or  re- 
sist him. 

Serj.  Jeff,  Did  you  see  Mr.  Jenks  there? 

Craddock,  I  can't  say  I  did :  I  saw  Mr. 
Jenks  just  as  my  lord-mayor  came  down,  not 
after. 

Seij.  Jeff.  Did  you  see  Mr.  John  Deagle 
there  ? — Craddock.  1  did  not  see  Mr.  Deagle. 

Att.  Gen,  How  did  they  use  my  lord-mayor  P 

Craddock.  I  was  not  very  near  my  lord ; 
my  lord,  I  stood  at  the  pUce  where  the  poll 
was  taking. 

Mr.  Tfumqtfon.  Mr.  Craddock,  we  desire  to 
ask  you  this  question,  that  you  speak  particu- 
larly to  Mr.  Bahel ;  was  it  before  my  loid- 
mayor  had  adjourned  the  poll,  or  after  ? 

Craddock.  It  was  just  as  my  lord-mayor 
cam^  to  protest  against  the  manner  <^  polling. 

Mr.  Thompton.  Was  the  poll  adjourned  be- 
fore or  Bfierf'—Craddock.  It  was  after. 

Mr.  WUliatnt.  Mr.  Bethel,  you  say  he  said, 
oppose,  or  resi^;  didhe  say  it  was  before  the 
poU  was  adioumed  ? 

Craddock.  Yes,  Sir,  it  was  before. 

Mr.  Williams.  Can  you  say  what  the  words 
were? 

Craddock.    It  was  either  oppose  or  resist,  ^ 
he  bath  no  authority  here. 

Serj.  Jeff.  Which  is  George  Reeves?  Mr. 
Reeves,  Pray  will  you  tell  us  what  you  did 
observe  done  at  this  time  by  Mr.  Pilkington^ 
or  Mr.  Shute,  or  any  person  else  ? 

Mr.  Reeves.  I  came  about  4  or  5  o'clock  to 
the  polling-ptece  where  the  coaches  use  to 
stand,  and  1  saw  the  sword  up ;  I  suppose  my 
kird-mayor  was  there,  and  came  to  stop  their 
proceedmgs  in  polling;  wid"  there  was  a  great 
contest  among  them;  some  saying.  He  had 
nothing  to  do  there:  He  hath  no  more  to  do 
than  1,  says  one;  another  cried.  Stop  the 
sword,  stop  the  sword ;  and  I  jaid  hold  or  him, 
and  got  him  a  little  way,  and  made  account  to 
have  carried  him  to  the  sheriffs,  and  the  lord-. 
mayor,  but  somebody  got  him  away. 

wetj.Jeff.  What  did  you  observe  Shute  and 
Pilkington  do  ? 

Reeves.  They  encouraged  the  people  to  poll. 

Mr.  Jones.  Aftier  my  lord- mayor  was  gone  ? 

Reeves.  Yes. 

Mr.  Jones.  Pray  you.  Sir,  did  you  observe 
either  MrJ  Shute  or  Mr.  Pilkington  encourage 
t^e  people  to  hollow,  or  shout,  or  tiioae  things  f  ^ 


can  giye  of  die  opinion  they  had  ot  the 
king,  to  be  sure  they  had  a  great  opinion  of  his 
eseatative:  But  my  lord-mayor,  I  ind, 
ao  extraordinary  dvd,  that  to  this  rabble  he 
rt  not'  only  pnll  off  his  hat, hut  fling  his  hat 
IstfaegTOimd  to  them. 

Hr.Thompson.  I  ask  yoo  whether  you  know 
lh«t  any  of  toe  defendants  in  t^is  intbrmation 
did  throw  nay  lord-mayor's  hat  off,  or  no  ? 

Wegton.  ican't say  that. 

Serj.  J^F-}^  is  not  a  farthing  matter. 

Sir  Fr.Winn.  Here  is  a  mighty  riot  upon 
diehat. 

Weston.  Now  I  desired  them  to  keep  back; 
my  Imnd  mayor's  friends  did  press  back  as 
jBttch  aa  they  conld,  to  preserve  my  lord- 
mayor;  they  pressed  more  forward,  as  the 
eter  kefH  back,  and  I  desired  them  to  forbear, 
nay,  commanded  them  in  the  king's  name,  and 
mposk  their  peril,  and  took  my  cane  to  strike  at 
ffliiM*  of  them. 

Mr.  WUiiamsi    Did  you? 

Sea^Jeff.  He  served  them  well  enough. 

L.  0.  X  He  did  so.  •  Do  you  think  a  roa- 
gistrale  ia  to  be  crowded  and  pressed  upon  ? 

WeMiom.  I  struck  at  them,  and  said,  gentle- 
men,  keep  back,  and  intreated  them  and  com- 
manded tnero,  and  all  would  not  do. 

Sen.  Je^  I  would  only  say  this,  Mr.  Com- 
mon Serjeant ;  What  did  you  hear  when  pro- 
damatioo  was  made  to  depart  ? 

Com.  Serj.  My  lord,  I  was  not  in  the  hall 
when  proclamation  was  made;  but  I  heard 
them  cry  out,  *  No  God  bless  the  king;'  and  I 
hevd  them  cry  out,  *  Down  with  the  sword ; 
^  No  lord- mayor,  no  king.' 

Mr.  Williams.  Can  you  name  any  person 
dial  said  this? 

Com.  Serj.  My  lord,  I  laid  hold  on  one  man 
diat  cried,  < No ^Giod  save  the  king;  No  lord- 
mayor,'  aod  the  rabble  got  him  mm  me,  one 
tool  I  beard  say  so. 

Mr.  WiUiams,  Mr.  Conunon  Serjeant,  you 
say  you  beard  this;  can  yon  name  any  per- 


Com.  Serj.  1  tell .  you  1  caught  hold  of  him, 
aod  the  rabble  got  him  from  me. 

Mr.  Williams,  Can  you  name  any  one? 

Com.  Sen.  lieUyon  I  cannot. 

8ar|.  Jejf.  My  lord  I  hope  that  vrill  not  much 
prevail  in  this  place ;  but  I  hope  it  doth  justify 
my  lord-mayor  for  endeavouring  to  disperse 
the  rdible  that  came  together  to  that  height 
when  the  king  was  prayed  for,  to  cry.  out,  *  No 
'IsB^,  No  Iwrd-mayor.'  And  we  don't  give 
dm  m  evidence  agiunst  any  one  person,  for  it 
Wdoqein  «  tamultaoai loaimer ;  but  tb«y 


tSS}    STATE  TRIALS,  »5  Chablis  IL  iSHS.'^THal  of  Thomui  PUkmgtan     [25V 


Remei,  No,  Sir. 

X.  C.  J.    Hinrk  you,  friend  Keeves,  bark 

goa,  How  do  you  know  that  PSlkitgton  or 
bote  were  poUingf  ?  Are  you  sure  tbey  were 
polling  alter  my  lord  was  gone  ? 

Keetef.  Tbey  were  at  the  poUinff-pkoes, 
«nd  th^  did  not  go  away  a  great  wnile  after 
tbat. 

L»  C.J.  From  the  people  tbat  were  about 
tbem?— Jte^ff.  No. 

Sir  Fra,  Winn.  We  agree  it;  in  fact  it 
was  80. 

Ait,  Oen,  Richard  Fletcher,  pray  will  ton 
giye  the  court  an  account  of  what  they  dicfp 

8erj.  Jeff.  John  HUI,  what  did  you  obser?e 
there? 

Mr.  Hill.  About  five  o^clock  my  lord  mayor 
came  to  the  hall ;  there  was  withbim  then  sir 
James  Edwards,  and  sir  William  Pritchard, 
now  lord  mayor,  to  the  best  of  my  memoiT» 
and  be  told  them  he  disliked  tneir  poU- 
ing  anymore;  and  there  came  a  tall  black 
man  i  says  be,  Mr.  Sheriff,  go  on,  it  is  your 
business,  we  will  stand  by  you :  about  a  quarter 
cf  an  hour  after  my  lord  came  out  of  the  hall 
to  the  great  crowd,  some  of  the  people  hissing, 
and  some  making  a  noise;  and  one  came  to 
the  sberifls,  and,  says  be,  gentlemen,  Why  du 
not  yon  make  proclamation  with  O  yes  f  And 
thMr  continued  there  till  towardi  eight  o'clock. 

oeij.  Jeff  Did  you  hear  no  officer  adjourn 
the  JDourt  ? 

HUI,  My  lord  mayor  went  home,  I  saw  him 
within  doors,  and  I  came  back  again. 

Att.  Gen.  Was  tho'c  no  prodamation  made 
afterwards? 

Hill.  By  some  of  the  officers,  but  I  did  not 
take  particular  notice. 

Att  Gen.  Who  did  yon  see  here  after  you 
went  home  with  my  lord  mayor,  and  came 
back  again? 

Hill.  I  saw  here  Mr.  Robert  Key  for  one ; 
and  1  saw  Mr.  Goodenough  come  m  between 
eight  and  nine  here  in  the  hall ;  and  my  lord 
Grey  came  in^  and  several  other  gentlemen. 

£.  C.  J.  What  did  tiliey  do  when  they 
came  ? 

Scij.  Jegf.  Hark  you,  Hill :  was  my  lord 
Grey  an^  Mr.  Goodenough,  and  Mr.  Key, 
were  tbey  among  the  peopfe  ? 

Hill,  Afto  the  sherifls  came  up,  they  went 
into  the  Orphan's  court ;  Mr.  Goodenougti  came 
in  and  out ;  and  my  lord  Grey  went  in  to  them. 

fki^.Jeff  Did  tbey  appear  among  Ibe  people 
tap  and  down  in  the  hall  ? 

Hill.  They  went  through  the  batt  to  and  fro. 

Sir  Fra.  TVinn.  What  was  the  Christian 
aame  of  tbat  Goodenough  ? 

Hill.  1  knmv  hira  ;  be  tbat  was  under- 
aberiffiast  year:  I  know  him  well  enough, 
and  he  knows  me ;  yes,  that  is  Mr.  Good- 
enough  P 

Lc^  Grey.  I  desire  to  ask  this  witness  a 
question,  my  lord. 

In  C.  J.  Let  your  counsel  ask,  my  lord. 

Seij.  Jeff.  I  desire  to  know  another  ^eatioD, 
Did  you  loa  Mr.  Coraish  ? 


Hill.  I  saw  Mr.  lilderman  Cmfniftb  walk  in 
the  hall ;  but  1  cant  tell  whether  be  went 
into  the  room  or  no.  Ailer  my  lord  was  gone, 
be  did  come  up  into  the  mayor's  eourt,  and 
t:ame  through  among  the  people. 

Mr.  ThM^eon.  Hill,  yon  speak  of  my  lord 
Grey ;  upon  your  oath  did  you  see  my  lord 
Grey  walk  to  and  fro  in  the  ball,  or  only  cane 
thorough  P 

Hill.  My  lord  Grey  came  in  at  that  gate, 
and  went  thorough  the  hall,  and  went  m  to 
thesherifis. 

Mr.  Williams.  I  would  ask  you  this  opon  youf 
oath.    Did  you  see  him  do  any  thin?  more  ? 

Hill.  No  ;  I  was  there  to  disoharge  my 
office. 

Lord  Grey.  My  lord,  1  own  my  bsmg  there ; 
but  only  desire  to  ask  a  question  that  will  cleaf 
this  matter. 

Mr.  Hill.  I  saw  my  lord  Grey  come  ap  to 
those  stain,  and  he  went  into  the  Orphan's 
court. 

Sen.  Jeff.  How  long  might  that  be  after 
the  pbll  P 

Hill.  Afler  the  sherifls  came  up,  I  belieye 
it  might  be  half  an  hour,  or  a  quaitar  of  all 
hour,  near  an  hour. 

Mr.  Williams.  Did  you  see  my  lord  Grey 
do  any  thing  more  than  walk  P 

Mr.  Hill»  I  saw  him  come  to  the  Orpben'l 
court,  and  they  would  not  open  the  door  at 
first ;  but  they  said  it  is  my  lord  Grey,  and 
then  they  let  him  ill. 

L.  C.  J.  Your  own  counsd  is  asking,  my 
lord ;  I  am  willing  you  sbouki  adc  a  questioB 
if  your  own  oounael  will  let  you.  GentlenMO, 
my  lord  wooM  ask  a  question  himself,  and  yon 
won't  let  him. 

Lord  Grey.  My  lord,  though  I  do  not  know 
this  gentleman  at  all,  yet  I  wul  yentnre  to  ask 
him  a  question.  Pray,  Sir,  did  you  see  Bie 
speak  to  any  one  man  P 

HilL  I  bare  answered  tbat  already ;  I 
say  not. 

Lord  Grey.  Were  the  books  brought  from 
the  polling  place  hj  the  sherifls  before  I  oamif, 
before  that  I  went  in  there  ?  My  lord,  I  was 
there,  and  shall  give  you  an  account  of  it. 

L.  C.  J.  It  had  been  better,  my  lord,  if  yon 
had  kept  away. 

Seij.  Jefi  Kletcber,  pray  will  yon  tell  my 
lord  and  the  jury,  what  yon  obsenred  that  day 
here,  after  my  ford  mayor  was  gone,  and  had 
a^joivned  the  court  ? 

Fletcher,  On  the  84th  of  June  I  was  here 
by  order  of  sheriff  Shnte,  after  my  lord  mayor 
had  adjourned  the  court,  and  it  waii  to  call  alt 
men  tbat  were  to  poll  to  come  forward,  for  the 
books  were  to  be  shut  up,  and'^  I  went  away 
immediately  ;  I  was  yefy  hot,  and  went  away 
to  the  Three-Tun  tarem. 

Serj.  Jeff.  Did  you  see  Mr.  Shnte  there  P 

Fletcher.  Mr.  PiUdngton  was  there,  Mr. 
Shute  too. 

Serj.  Jeff.  Can  you  name  any  body  else  P 

Fletcher.  No ;  I  can  name  nobody  else. 


was  almost 


tt7]       STATE  TRIALB,  SS  Chakubs  It.  'l6aa.— W  M&s;far  a  ttM.       [1258 

..Serj.  J^  Whodid you  aeetliere  P 
Major  Ae^.    Indded,  Sir»  I   wi 
down,  and  did  not  see  tbeir  laces* 

S^'j-  J<#  Mr.  Trice  Haromon,  I  would  only 
aak  you,  who  did  you  ^e,  who  did  you  obaene 
to  be  there  ? 

Mr.  Hammon.  About  nine  o'clock  at  nighti 
or  something  beibre,  I  stood  at  the  door  that 
leads  to  the  common  pleas*,  and  there  came 
in  aldennan  Cornish  and  Goodenou^b,  and  old 
Key,  an  old  white-haired  man  ;  and  by-and-by 
my  roaster  sheriff  Shute  came  out  and  told  me. 


fhtcker.  He  ordered  me  1o  makfc  i^roda- 
nlioii  for  all  nMn,  them  that  had  a  right  to 
poll,  to  come  and  poll,  for  the  books  were  to 
beshi^iipl  ^ 

Seij.  Jef.  Captain  Claris,  pray  will  you  g^ive 
aacoovratofwDatyon  obsenredf 

Cant.  Clark,  I  came  down  into  the  hall,  and 
I  dU  hear  a  whispering,  whereupon  I  went  to 
Mid  my  lord  mayor  ;  my  k)rd  mayor  came 
2»wn  upon  the  hustings,  and  proclaimatipn  was 
mde  fiwr  theadjoomiuentof  the  court ;  where- 
upoBi  when  proclanoation,  God  save  the  king, 
ms  n&aie,  an  hundred,  &c.  I  believe  more, 
hist  at  that;  1  ludhokiof  one  of  them,  No 
kbg^e-nsD^  no  sword's-man,  cried  th^y. 
Sirnh,  you  are  a  rascal,  and  a  traitor  in  your 
heart,  wd  I,vaiid  kid  'fast  hdd  of  him ;  but 
there  was  a  very  great  crowd ;  and  says  one 
or  two.  For  GocFs  sake,  captain  Clark,  do  you 
gaud  my  lord  ;  there  was  Mn.  Weston  and 
raafor  Kebe^;  my  lord,  said  they,  is  in 
iaaqger ;  said  I,  Gentlemen,  keep  by  him,  or 
flohe^ore,  I  will  be  in-  ywtt  rear  guard.  My 
Mrd  mayor  was  down  upon  his  laiee,  I  can^t 
Mtboiw  liet»ne  down  ;  Press  on,  press  on, 
thlB  wSB  tfae  cry,  and  God  save  the  sheriffs. 
%StBt  coning'  down  the  steps,  [  pressed  as  near 
as  I  ooold  to  my  lord  ma^For,  to  seep  them  off ; 
Now,  said  ly  mis  b  the  time  to  keep  the  rabble 
0^  now  laee  about ;  I  bad  my  sword  in  my 
hind,  and  with  the  pommel  of  my  sword  kept 
them  off ;  Before  God,  said  I,  I  will  keep  yon 
off;  and  M  I  waited  on  my  lord  home,  and 
went  and  drank  a .  fflass  •ot  sack.  About  an 
lioar  or  two  hours  afterwards,  I  came  down  to 
the  hall  and  Ibund  the  people  shouting,  God 
save  the  ^eriflh,  God  save  the  sheri^ :  what 
BOtfamg,  said  I,  of  my  lord  nmyor  ?  But,  said 
I,  this  is  not  a  place  to  quarrel  in,  let  its  not 
^[Otfrel  togetlicr.  I  saw  the  sherilfe  Pilktng- 
toB  and  Shute  were  concerned  in  carrnng  on 
the  pofl,  sffid  dkis  they  continued  to  do  for  some 
time;  at  last,  I  ana  weaiy  of  the  hail,  said  I, 
I  idtt  ffo  home  ;  and  this  ^as  between  eig^t 
md  nine  o'clock. 

8ei3.  Je^  Canyta  remember  any Ibojy  else 
besidea  the  aheriifs  ? 
Ck^  CUrk,  No,  Sir,  I  cannot. 
8e^.  Jejf.  Can  vou  remember  sir  Thoinas 
Ftqra^?— Capt.  Clark,  No,  1  can't. 

Mfj.  Jeff.  Captain  Clark,  did  yon  know 
^rer-a-one.  of  them  that  cried  out  so  ? 

Capt.  Clark',  Ko^my  tord,  I  was  before  sir 
Robert  Clayton. 

Seri.  Jeff:  Bfigor  Kebey,  Pn^  will  you  give 
mtf  lord  and  the  jnry  a.n  aeo^nnt  of  what  you 
saw  on  Midsummer-Day  ? 

Mmot  Kelaey.^  My  lord,  when  iny  lord  came 
out  cvthe  court,  I  went  after,  and  some  cried, 
Sum  him,  stop  him  ;  but  I  got  between  thein, 
aadsbme  of  my  iord^s  iriends  kej^t  them  off; 
bat  when  we  came  just  to  the  gomg  out,  they 
gave  a  shoot,  and  1  saw  my  lord  mayor's  hat 
upon  his  bads,  and  I  cannot  tell  whether  he 
ftoodied'tfae  ground  with  his  hand,  but  I  was 
even  almost  down  ;  said  I,  Gentlemen;  do  you 
iBteadtemindarmy  tod  mayor? 


I  shall  give  you  all  satisfaction  by-and  by. 
God  bless  you,' Mr.  Sheriff,  said  I;  and  be 
went  again,  and  there  I  staid  till  they  came 
out,  and  then  he  went  up  on  the  hustings  ;  and 
I  went  along  with  him  Tihen  he  came  out. 

Seij.  Jejf.  Who  went  with  him  out  to  go  to 
the  hustings  ? 

Hammon*  Bit  l^illiam  Gdlston,  atid  several 
other  men  ;  there  is  neter  a  name  in  the  in* 
dictment  more. 

Seij.JTey^  Noneof  them  that  are  in' the  in^ 
dictmfnt  ?  Name  them. 

Hamman,  I  have  named  them. 

Serj.  Jeff.  Prithee  name  them. 

Hammon,  Mr.  alderman  Cornish,  both  the 
sheriffs,  my  lord  Grey,  Mr.  Goodenough,  and 
old  Mr.  Key. 

Mr.  Tfumpson.  Which  Goodepough  f 

Hammon.  That  Mr.  Goodenough  that  standb 
there. 

Seij.  Jeff.  There  is  such  a  noise,  that  I  did 
not  very  well  hear  that  word* 

Hammon.  Goodenough ;  not  that  Good** 
enough  that  looks  upon  me*  hut  he  that  stands 
beliind. 

Serj.  Jeff.  He  falhi  behind  now,  but  ho  ran 
c^-and-down  1)ien  ;  and  alderman  Cornish 
was  there  loo^ 

Mr.  Jonts,  Yon  witness,  yon  have  named  nil 
these  men  ;  what  did  Shute  do,  or  what  did 
he  say  ? 

Hammon.  When  he  came  upon  the  hustings, 
he  made  proclamation  himself ,  because  one  or 
two  refused  it,' he  did  it  himseS';  and  after  a 
while  he  adjourned  the  eomt  upon  the  hust* 
ings  ;  this  was  on  Midsummer-day. 

Mr.  Jmti.  What  did  he  say  ? 

Hammon,  As  the  commpn  cryer  usually 
says  at  such  times. 

"Mr.  Thompson.  You  say  you  saw  Mr.  Good- 
enou^,  and  you  saw  my  lotd  Grey;  updn 
yoni:  oath,  can  you-say  they  did  anything,  or 
was  any  thing<{one  in  abuse  to  my  lord  mayor  f 

Hammon.  They  did  not  tell  me,  my  lord, 
what  they  did. 

Mr.  *]!homson,  1  ask  you  what  did  they  do  ? 
X.  C.  J.  Mighty  busy  they  were. 

Mr.  Thompwn.  How  long  was  it  after  niy 
lord  mayor  adjourned  the  court  ? 
Hammon.  About  two  hours. 
Bcr^.Jeff.  So  much  the  worse, 
i;.  C.  /  You  must  miderstaad  it  was  some 

*  The  same  place  which  beibre  was  called 
Ae  Orphan's  court. 

S 


259]    STATE  TRIALS*  '35  Charle*  II.  '  16».— Trwif  of  Th^mi 


m    [269 


time  bcfote  Mr.  Sheriff  bad  mad«  kw  adjourn- 
ment,  they  >vere  busy  till  that  time. 

'Serj.  Jeff.  My  lord,  if  your  lordship  pleases, 
I  do  agree  with  Mr.  Thompson  that  the 
jury  should  remember  that  this  was  two 
hours  after  my  lord- mayor  had  adjourned 
the  court.      ' 

Lord  Gretf.  I  desire,  my  lord,  1  may  ask 
him  some  jquestions.  You  say  you  saw  me 
go  to  the  couiu-it  chamber,  at  what  time,  and 
who  went  with  me  ? 

Hamman,  A  little  before  candle-light. 

Lord  Grej/,  You  say  all  the  company  went 
out  with  the  sheriffs,  and  went  away. 

llammon.  My  lord,  I  did  not  say  yott  came 
out. 

Att,  Gen,  My  lord  was  of  the  upper-bouse. 

Mr.  Thompson,  Yes,  and  may  be  there 
again  ? 

Lord  Gre^,  I  hope  I  shall  be  there,  Mr. 
Attorney. 

Att,  Gen,  It  had  better  you  had  been  so 
then,  ray  lord. 

I»rd  Grey,  It  will  be  the  worse  for  you :  I 
shall  not  lie  perdue  tor  you. 

Att,  Gen,  If  you  tlireatenme,  my  lord,  1 
'ShaUtake  notice  of  it.  My  lord,  I  Itave  done 
you  a  kindness ;  but  if  you  come  under  my 
nands  again  I  shall  not  do  it. 

L.  C.  J,    They  would  not  have  it  said,  God 
save  the  King ;  and,  my  lord,  you  were  with 
some  of  those  that  abused  him. 
'  Lord  Grey,  After  it  was  over,  my  lord. 

Att,  Gen, .  You  were  not  within  your  duty 
here. 

Lord  Grey.  My  lord,  it  was  after  the  poll 
was  closed. 

Serj..  Je/f.  My  lord,  Idesire,  ifyoujplease, 
what  is  usual  in  all  causes,  that  we  might  go 
on  without  any  interruption.  Let  us  go  on 
for  the  king,  and  then  make  all  the  defence 
you  can .  Do  not  think  either  to  biss  or  threaten 
us  out  of  our  cause.  Mr.  Hi^gins,  give  my 
lord  and  tbe  jury  an  account  of  what  you  saw 
or  heard. 

Higgim,  My  lord,  I  attended  with  sereral 
.  of  our  company  by  my  lord-mayOr's  coach  to 
Guildhall^  and  was  in  tne  oouncii-chamber,  and 
iie  sent  for  the  sheriffs ;  and  after  that  he  went 
away ;  and  when  God  save  the  King  was  said, 
•aid  they,  God  save  the  Protestant  Sherifls. 

Serj.  /<s^.  I  desire  to  know,  Mr.  Higgins^ 
this,  what  they  said  ? 

Htfgtiu.  They  cried,  Down  with  the 
8word. 

Mr.  ^Aompson.    Mr.  -  Attorney  is  making 
«  speech  to  us,  I  do  not  kno«v  what  he  hath 
'  said. 

Serj.  Jaff.  I  do  not  think  Mr.  Attoniey 
thinks  you  worth  a  speech.  Mr.  Higgins,  1 
desire  to  ask  you  a  qoestion,  I  ask  you  diis 
i^estion  upon  your  oath,  after  the  adjourn - 
fiient  of  the  court,  and  after  this  very  inaelent 
.  behaviour  of  some  of  the  rabble  tnat  were 
there,  for  I  can  call  them  no  better,  who  did 
:  J9a  see  there? 

Sissint,  After  I  went  hoinei  I  ireot  to  nee 


my  lord  sale  home,  and  can^  back  Again;  I 
saw  one  Freeman,  that  they  call  the  Protestant- 
Cheesemonger,  calling,  T%  poU^  to  p^^ 

Seij.  Jeff.  Pray  who  else  did  you  sec  ? 

Higgin9.  I  saw  aklerman  Comidh  come  op 
towards  the  sheriff's :  Gentlemen,  said  be,  Yoii: 
are  doin^-right 

Serj.  J^  Did  you  hear  Mr.  Alderman  Cor- 
nish say  BO :  What,  tliis  gentleman  ?.  Do  yoii 
knowjiim? 

Higgins,  Says  he  to  sheriff  Shute,  Yos^ 
shall  nave  all  rieht  done  to  you. 

Serj .  Jeff.  W  no  else  did  ^ou  see  there  ? 

Higgins.  I  saw  Mr.  Swinock. 

-Serj.  Jeff,  Did  you  see  Mr.  Key?  Did  yop 
see  Mr.  Piikington  ?     . 

Higgins.  I  did  not  see  Mr.  PiUdngton :  I'v 
saw  Shute. 

^^j'  *f^ff'  Did  you  see  Mr.  Jekyl? 

Higgins,  Yes. 

Serj.  Jeff.  Which  of  them. do  you  meanf 

Higgle,  TheeUlerman. 

Serj.Ji^.  There,  is  JohnJekyl  the  elder, 
gentlemen ;  and  John.^ekyl  the  younger. 

Higgins,  I  was  disputing  with  a  feUow  that 
his  toes  came  out  of  his  shoes,  and  bad  a  green 
apron ;  Said  I,  Are  you  a  livery-man  ?  Yet,  I 
am.  said  he.  Surely,  said  I,  they  do  not  use  to 
make  such  as  you  are  livery-men.  Says  Mr. 
Jekvl,  He  may  be  as  good  a  man  as  you,  for 
auglit  I  know.  That  was  about  half  an  bout 
aft«r  my  lord -mayor  went  home. 

Serj.  Jeff.  What  time  was  the  adjonrft* 
ment? 

Higgins.  About  five  or  six.  I  wasspeokiag 
sometnmg,  You  are  all  in  a  riot.  This  is  m> 
riot,  says  Mr.  Swinock  to  me;  I  can  never 
meet  you,  but  you  are  railing  against  the  kin^a 
evidence. 

JL.  C  /.  The  king's  evidenocy  what  wao 
that?  ; 

Mr.  Willianu,  What  was  done  by  Mr. 
Jekyl ? 

Siggini*  He>  was  talldng  un^aig  the  peo- 
ple. 

Seq.  Jeff,  He  ^  encourage .  amoog  tbe 
rest.' 

Mr.  WilUmu.  You  are  in  a  paauon  now. 

SeQ.  Jeff,  No,  Sir,  I  am  nU. 

Hifginsn  He  seconded  Mr.  Cornish  wheft 
jheslud.  Insist  upon  your  Rights. 

Serj./e/.  Who  did  80? 

Higgins.  Freeman,  my  lord,  that  they  cell 
the  Protestant  Cheesemonger. 

Mr.  WiUiams.   A  very  pretty  word  indeed. 

S^.  Jeff.  Aye,  so  it-is ;  ne  is^^  celled ;  yoa 
will  ffive  US  leave  to  hear  what  the  witneai^ 
speafs 

Mr.  Williams.  Another  epithet  would  do  e 
great  deal  better. 

Seij.  Jeff,  William  Bell,  what  was  done  npoa 
the  spot  ?  Was  there  any  hurt  ? 

Mr.  WlUianu.  Do  you  say,  upon  your  oath, 
that  gentleman  ufas  there  ? 

Higgins.  1  have  seen  him  in  the  balcony. 

Serj.  Jeff.  He  says,  he  uses- to  be  there  upon 
public  days  in  the  coffee-bouse.— BeU^  I  wov^tt 


161 J    '  STATE ntlALS^  35  Crablss  II.  iSSS.'-^Mi  &thir$yf&r  a  Rid.       (263 


iesm  to  know  of  you,  wlietber  you  are  able 
to  give  an  account  after  my  lord -mayor's  ad^ 
jbarmnent,  who  was  there?  Name  as  many 
pemms  asvou  can. 

BelL  Mr,  Bethel ;  and  I  saw  Mr.  Cornish 
go  through  the  little  gate  into  the  yard. 
Sen.Jdf:  Who  else?     - 
Bell.  That  is  all,  Sir ;  sheriff  Pilk'mgton  de- 
fiirered  two  poll  books  into  my  hand. 

Ait.  Gen,    Mr.  Vavasor,  win  you  tdl  my 
lord  and  the  jury  what  you  saw  ? 

Vavasor.    It  happened  thus :  Mr.  Hammon 

Ind  takite  a  man  upon  execution,  who  was  bail 

ior  ff  cKent  of  mine  who  had  paid  the  monies 

lofDfi^  before  ^  upon  that  I  came  to  know  who 

employed  lum ;  and  coming  here,  I  fmiud  Mr. 

'Hamnum  in  that  place,  and  the  croud  was  so 

great,  Do  not  go  back  again,  said  he,  for  you 

will  go  near  to  be  abused.    Whilst  I  staid 

there,  I  asked  him  what  was  the  meanmg ; 

^ys  he.  In  this  room  are  the  sherifls  and 

some  othtts  casting  up  the  poll ;  and  whilst  I 

staid,  tfiere-  came  in  Mr.  Uooifenough  to  and 

fko  from  them^  and  before  they  would  admit 

any,    tl&ey  would  know  dieir  names ;  there 

was  Mr.  &ey,  my  lord  Grey,  and  sir  William 

Gabtoa. 

Att.  Gen.  What  afterwards? 
Vaoator,   Yes,  Mr;  Cornish  was  there ;  he 
and  sheriflPSbute  came  out  together,  and  they 
went  upoA  those  stairs  under  the  clock. 
*    Att.Gen.  Who  came  out  with  sheiiffShute? 
Vavator.  Cornish.- 
Mr.  WUUam.  What  Corai^  ? 
ViOMisor.  Alderman  Cornish. 
'    Mr.  WilRams.  Very  mannerly. 
'   Be^.Jeffl   His  name  was  Cornish  before  he 


Vemuor.  And  sheriff  Shute  told  the  people, 
If  they  would  stay  a  Uttle  time,  he  would  give 
Hxm  safisftction.  Upon  that,  Mr.  Cornish 
went  throagh  the  company  ;  and  when  they 
came  to  tfie  husttng,  Mr.  ^ute  ordered  procla- 
mation to  be  made,  and  tokl  them,  Whereas 
my  lordrraayor  had  taken  upon  lum  to  adjourn 
at  nine  o'^ock ;  We  the  sheri^  of  Ijondon  and 
Middlesek,  beinff  iht  proper  officers,  do  ad- 
jooni  it  to  Tuesday  at  nine  of  the  clock.  Upon 
thai  an  ancient  ffeaOitaaan  desired  they  might 
prodaim  the  election.  Thai  says  Shute,  mat 
1  eaniMA  do  it  now,  for  we  have  taken  very 
good  oouBsel  fat  what  we  do.  Had  it  not  been 
hr  Mr.  Hammon,  I  had  been,  I  believe,  trod 
md^  foot  snflwwntly. 

Serj.  J^.   Mr.  Denham,  who  did  you  see  ? 

Da^m.  I  saw  sir  Thomas  Player,  and  Mr. 
Jenks. 
'    Serj.  J^.   Where  did  you  see  them,  pray  ? 

Denltam.  In  the  yard.  I  went  hdme  with 
lay  knrd-inayor,  and  then  I  saw  them.  I  had 
isiindoCglttioe,  but  I  cannot  swear  positively 
4»  MBr.  Jenki. 

•  803.  Jef.    Sir  Thomas   Player,  and  Mr. 
Jaks,  whatdidyou  see  them  do  ? 
■  8irjPr.  Winn.  Havkyou,  fnend,whti«wa8 
•Xyni  saw  Uiem  ? 
'  i^MA««.  in  tlie  yard. 


Sir  Fr.  Winn.    What  did  you  see  them  do  ? 

Denham.  Nothing  at  all. 

Seij.  Jeff.  How  ma^y  people  might  there  ba 
then  ?  Two  or  three  hundred  ? 

Denham.  Abo\  e  a  tbousandf 

Mr.  Willicms.  What  did  you' bear  sir  Tho- 
mas Player  say  ?'^Denham.  Nothing. 

Mr.  WiUiams.  How  far  was  he  from  his 
own  door  ? 

Denham,  On  the  other  side  of  the  hall. 

Mr.  Williams.  A  mighty  way  indeed,  a 
mighty  thing.    What  said  Mr.  Jeuks  ? 

Denham.  I  cannot  say,  Sir,  that  I  beard 
him  speak  a  word,  tmly  in  the  tumult. 

Sir  Fr.  Winn.  Friend,  I  ask  you  this ;  I 
think  I  heard  you  say,  you  saw  sir  Thomas 
Player  aiid  Mr.  Jenks  in  the  yard,  but  you 
did  not  see  them  do  any  thing  at  all  ? 

Denham.  No. 

Seij.  Jeff.  Pray,  Mr.  Farrington,  will  you 
tell  my  lord  and  tiie  jury  what  you  saw  after 
my  lord -mayor  had  adjourned  the  court  ? 

Farrington.^  I  saw  there  Sheriff  Pillnngton, 
Sbute,  sir  Thomas  Player,  Mr.  Wickham  dio 
scrivener  in  Lothbury,  Mr.  Jenks,  Babiugton, 
one  Jennings  an  upholsterer. 

L.  C.  J,  Sir  Thomas  Player  you  say  in  the 
first  place  ? 

Farrington.  Yes,  and  Wickham,  mylordy 
a  scrivener  in  Lothbury. 

L.  C.  J.  Who  then  f 

Farrington,  Sheriff  Pilkington  and  Shute, 
and  Mr.  Cornish,  alderman  Cornish. 

S«j«-  Jeff.  Did  you  see  one  Deagle  there  ? 

Farrington.  No,  Sir. 

Seij.  Jeff.   Wickham  you  saw  there  ? 

Farrington.  Ay,  Sir,  I  know  him  very 
welL 

Mr.  Thompson.  What  is  Wickham's  chris- 
tian name  ? 

Seg.  Jiff.  John  ll^kharo,  he  goes  by  that 
name,  it  may  be  he  was  not  christened.  Was 
Jenks  there,  do  you  know  him  ? 

Farrington.  The  linen-draper. 

Serj.  Jeff.  Ay,  very  well,  he  goes  bv  tho 
name  of  Francis  Jenks.  Did  you  see  Jdcyl 
there  ? 

Farrington.  I  don't  know  the  name ;  I  saw 
a  great  many  I  knew  by  sight,  but  not  their 
names. 

Mr.  Holtk  What  did  these  gentlemen  do? 

Farrington.  V\\  telWou,  Sir;  therewas  sheriff 
Pilkington  and  sheriff  Shute,  I  went  in  where 
they  were  taking  the  poll ;  said  I,  Gentlemen, 
my  lord-mayor  bath  adjourned  the  court,  what 
do  you  here?  I  suppose  it  ties  in  my  lord- 
mayor's  power ;  if  it  lies  in  him  to  call,  cer- 
tainly he  must  dissolve. 

Mr.  Williams.  You  argue4l  thus. 

Seij.  Jeff.  Pray  give  us  leave  to  go  on. 

Farrington.  Tl^re  was  Mr.  Wickham,  and 
says  he.  My  lord- mayor  hath  nothing  to  do 
here,  neither  will  we  be  ruled  bv  any  of  your 
tory  lord-mayors.  This  is  not  the  first  asper- 
sion, said  I,  that  you  have  cast  upon  a  geim&- 
man  that  loves  the  church  and  the  eovera- 
ment  established  by  law  *,  and  they  fell,  afaoul 


Sd3]    STATE  TRIALS^  35  Ctf  ablb»  II.  l6S3^7ripf  ^f  J1iom»  PUkk^km     i^€^ 


me,  and  had  it  not  been  for  Mr.  Fletcher  and 
iir.  Hill,  I  believe  they  had  done  me  a  mis- 
chief; for  they  trod  upon  my  toea ;  who  did  it 
I  can't  tell. 

8erj.  Jejf.  But  you  say  sir  Thomas  Player, 
and  PiUdngUm,  and  alderman  Cornish;  were 
araoncst  them  ? — Farrington.  Yes,  Sir. 

Scr|.  Jegr,  That's  enough.— Pray  Mr.  Cart- 
wright,  will  you  tell  my  lord  and  the  jury 
what  you  observed  there,  and  who'was  there. 
•  Ctu-twright.  I  know  the  names  of  no  persons 
that  were  there  ; .  all  I  can  say  was  this :  As 
90on  as  my  lord- mayor  adjourned  the  court 
upon  the  hustings,  he  came  down,  and  going 
out  of  the  hall,  he  had  like  to  havebeed  thrown 
down,  had  it  not  been  for  Mr.  Shaw;    and 

King  to  save  my  lord- mayor,  J  wrenched  my 
ck,  and  I  spit  blood  for  7  days  aller. 
Saj,Jeff.  Tell  that,  Mr.  Cartwrigbt,  over 
•gain; 

Cktrtwrigkt.  My  back  was  wrenched  in  sav- 
ing my  lora-mayor,  aod  I  spit  blood  7  days 

Serj.  Jeffl  £ndc?.vottring  to  save  my  lord- 
mayor  his  back  was  so  wrenched,  that  ne  apit 
blood  6  or  7  days  after.  Hark  you,  Mr.  Cart- 
wright,-  ever  smce  that  time  have  you  found 
any  indispositTon  ? 

Cartwright,  I  b«v«  BOt  boen  my  ovm  man 
since. 

Mr.  Williams,  He  took  a  surfeit, 

Seij.  Jeff'.  He  took  a  surtint  of  ill  company 
I  am  sure, 

Sol,  Gen,  Mr.  Shaw,  give  my  lord  and  the 
jurv  an  account  of  what  you  know. 

Shatv,  My  lord,  my  lord-mayor  sent  to  the 
flheii£%,  aitd  orde^^d  them  to  ioibear  polling, 
and  come  up  to  the  chamber,  and  sent  two  or 
three  timea ;  bi|t  they  denied  ooming  to  him, 
and  west  on  and  ordered  the  Common  Cryer  to 
make  proclanMtion  for  them  to  depart ;  aud  if 
ih^sy  staid,  that  he  would  look  upon  them  as 
rio^rs,  and  there  was  hissing  and  agreat  deal  of 
crowd  )  and  there  was  sir  James  £dwards  in  the 
court,  they  huucheQ  him  with  their  elliows ;  and 
M  hia.lordship  came  down,  going  down  tlie  steps 
there  was  such  a  crowd,  that  If  I  had  not 
catched  his  lordship  in  oiy  arms,  be  Jiad  fallen 
upon  his  forehead,  and  his  hat  was  off. 

L.  C.  /.  Who  did  you  see  so  misbehave 
Ihemselves  ? 

Shaw,  My  lord,  I  can't  tell. 

Serj.  J<?^.    I  tliink  we  have  now  proved  it 

r'nst  every  body. we  design,  save  only  against 
Dea^e;  for  we  do  not  now  proceed 
r'ast  Dorman,  Newman  apd  Benjamin 
p.  Now,  niy  lord,  we  will  only  prove 
agamst  John  Deagle,  and  then  we  shall  have 
done.  Mr.  Kemp,  will  yon  tell  my  lord  and 
jury  vrho  you  saw  here?  Did  you  observe 
^y  particulars  after  the  court  wiis  adjoumed  P 

Kempy  I  doQ't  reniember  I  observed  any  one 
plan. 

Ba^.Jeff.  You  don't  f   Had  you  any  dia» 
paoTwt  witn  Mr.Deagle  at  any  tuneT 
Kmp,  Yea,  I  h4d. 

S<Br}. /<#  Wbitiiidhe teU yo^t 


Kemp.   He  did  oonfesa  ha  was  there  aJbout  ^ 
o'clock  at  night. 

Serf.  Jeff.    He  did  own  he  was  amoDgst 
them  P 

Kemp.  Yes,  with  alderman  Cornish. 

Serj.  Jeff,  \Vhat  say  you,  Mr.  Rigby  ? 

Ri^hy.  I  saw  him  aliout  7  o'clock. 
.  Bei^.Jeff,   Was  he  in  the  crowd  ? 

Rigby.  Yes,  amongst  the  people. 

Serj.  Jeff  Here  is  all  now,  g^enlleiiiesi,  buT 
Dorman,  Newman  and  Beiyamin  Alsap,  an^ 
we  don't  go  ugainst  them  now.    After  thev 
had  doneuis,  and  hissed  at  the  king,  and  cne^ 
No  king^,  no  lord-mayor,  what  acdaoiatioiui 
went  these  people  off  with  ? 
'    Hammon,    When  the  court  was  hfokit  V9 
by  the  sherifis,  they  cried,  '  God  save  our  true 
'  Protestant  shei-im ;'  and  in  that  manner  they 
hollowed  us. 

Serj. /(p/^  What  say  you? 

HammoH,  They  hollowed  us  home,  Sir^  a» 
&r  as  Fishmonger's-hall. 

Seij.  Jeff,  They  began  with  a  hisa,and  eiids^ 
with  a  hollow.  .  ;- 

Mr.  Williams.  Gentlem^,  1  am  o^KfiM^for 
the  defendants ;  and,  my  lord,  the  qjaeatioa  is, 
under  favour.  Whether  tfaestf  persbns  taken  ^ 
defendants,  whethey  they  he  giulty  of  this 
riot,  as  it  is  laid  in  the  information.    We  are 
now  upon  a  special  case,  and  the  aueition  is, 
Whether  Goihy,  or  Not  GuUtv  ?  M^y  k>rd,  ia 
the  first  place,  tor  the  cries ;  what  the  ciy  was 
hath  been  too  often  mentioned ;  fpr  those  c^es, 
there, is  nothing  at  sdl  fixed  unon  any  person 
that  is  defendant ;  all  th^  ia  cnarged  opoi^  oi, 
is,  that  we  were  in  the  ^1  it  seenos,  and  be-^ 
cause  there  was  this  noise  heard,  therefore  we 
must  be  guilty.    In  this  crowd  w^e  we  ai% 
I  hear  hissin^^  especially  at  th^  other  tp^  of 
the  hall ;  which  of  us  are  conoerneiii  in  it,  is  |i 
hard  matter  to  judge ;   it  is  %  bard  matteiv 
and  it  were  very  well,  and  it  h^ul  l^ean  very 
happy,  if  some  of  those  persons  ^ad  been 
apprehended  for  their  hissing.      I  wiQ  no^ 
sav,  ^fentlemen,  that  either  one  p^y  or  the 
oth(;r  m  the  ctmtest  made  the  noise  o^  nissing, 
but  there  is  nothing  of  it  fixed  upon  any  of  us. 
Our  case  is  this,  my  lord,  with  favour ;  vhen 
we  have  stated  our  case  and  proved  it,  we  arp 
very  innocent,  and  not  guilty  of  the  riot,    {a 
sQipoe  measure  it  hath  been  stated  on  the  other 
side.    They  say  in  the  Informat^,  that  the 
lord  mayor  called  a  common  hall ;  we  do  nol 
dispute  that  matter,  we.  ap-ee  it,  ^at  the  Utti 
mayor  of  London  is  the  bng^s  lieutenant;  but 
to  make  such  an  inference,  Th^^t  because  the 
lord  mayor  is  the  king's  lieutenant  ip  the  ci^ 
of  London,  that  he  must  execute  all  the  offices 
in  the  city,  is  of  no  cnedit  in  the  world;  sa 
that  they   are  mistaken  in  thet.     Men  ^ra 
boun4ed  in  their  offices.   The  lord  miiyor  dpes 
not  execute  all  the  offices  in  the  city  tbongh 
he  be  lord  mayor.    The  question  between  as 
is  this ;  Whether  the  shenfls,  in  this  case,  did 
more  than  their  office  as  sheriffs  <Mtthe^ciil^  of 
Ix)ndon.     There  is  a  superiority  due  lo  tJh^ 
tord  major,     AftoAir  tluiig  ve  .9fpB»  v^ 


265]        &TATB  TRIALS,  35  Chauxs  II;  iS^S.-^mid  oikers,  fpr  §  KM.        [t66 


then ;  we  agree  h  k  in  tbe  lord  nuMror  only  to 
cdl  these  oommon  haUe,  and  as  lM(f .  Sei^eaDt 
Jefferies,  tbat  hath  beeo  in  a  good  office  in  the 
dtj,  be  i^^rees  U  lumself :  and  it  is  appaireDt, 
there  are  some  fixed  days  for  election ;  oat  yet 
lheii|^h  diere  be  fiiced  days  for  election,  yet 
there  aiast  be  that  formaiity  of  a  summons 
fxomtheUwd  mayor  to  the  city,  to  meet  in 
order  to  the  election  of  sheriffs  ror  the  city  of 
London  and  other  officers  \  that  we  do  agree 
that  my  lord  mayor  hath  the  power  of  caUibg 
oomnioo  halls,  and  he  is  the  proper  officer. 
We  agree  also,  |pendemen,  thai  when  the 
LM«n<'«  is  done,  tor  there  is  nothing  in  vain  in 
Bitare,  and  there  is  nothing  in  gOTemment 
that  shouid  be  in  vain,  when  the  business  is 
done,  my  lord  mavor  is  to  bid  tiie  company, 

*  Fare  muk  weU,'  which  you  may  call  dis- 
chaigmg'  the  oommon  hall ;  we  asree  that  to 
be  comnMN^  and  usuaUy  done  hy  nay  lord 
mayor.  Bot  herein  we  iafftt^  which  we  are 
to  try,  the  right  of  the  office  of  sheriffii  beinff 
the  qaestMO ;  it  is  a  question  of  right,  and  I 
dp  not  see  the  government  is  coiioerned  one 
way  or  other. 

jL  C.  J.  Upon  my  word  I  do  see  it ;  and 
sarely  you  must  be  blind,  or  else  you  would 
see  it  too :  when  a  company  is  got  together, 

*  No  God  save  the  king  I  No  ki^ !  No  lord 


p 


Mr.  Wmiams.    My  locd,  I  tlymgM  I  kad 

Speiied  it  plainly,  I  speak  before,  a  great  many 

peo^;  1  desire,  my  lord,  this  may  be  very 

weD  heard.    1  tibooght  I  had  said,  veiy  well, 

finom  all  these  noisea  and  cries  we  are  all  in- 

■oecst,  we  justify  nothing  of  it,  onlv  we  would 

have  been  glad  if  Ihej^  had  apprehended  any 

man  that  made  that  noise ;  it  had  been  a  very 

happy  thioff  if  one  of  them,  or  all  ef  them  had 

been  defenoanlB  |o  be  tried.    My  dients  are 

defendaatSy  they  are  innocent  and  nnconcem- 

ed ;  it  is  a  crime  committed  by  some  where 

these  s^tlemen  were  by,  but  they  are  inno- 

eeat;  we  hesr  Jbi8Sing[  at  the  other  end  of  the 

room,  it  was  an  iU  thing,  and  ^a  treasenable 

eomplexioD;  but  for  these  gentlemen  they  are 

uneoneemed.    The  question  between  the  lord 

mkjfx  and  the  sherifis  of  the  city,  is  a  ques- 

liaik  of  right  between  the  mayor  andsherifis, 

Wheduer  it  be  the  prerogattve  of  the  mayor,  or 

the  rigfat^of  the  sheriffs  ?  And  I  say,  un^er 

esfceclion  again,  this  question,  VHiether  my 

Wd  mayor  of  Undon  may  adjourn  the  com- 

BMm  hail  to  a  certain  day,  is  a  question  of 

eight ;  Whedber  he  can  do  it,  or  the  sheriffs  P 

aai  I  do  not  see  what  consequence  it  can  have 

upon  the  government.    The  lord  mayor  is  the 

king's  d^utv,  the  sheriffs  they  ar^  the  kind's 

gffioeis;  and  the  question  is,  Whether  it  oe 

lathe  lord  may 01"  or  the  sherifl^  of  London  to 

adjoom  it  ?  They  are  very  good  subjects,  I  am 

nre  this  very  year  they  are  so ;  therefore  I 

wsoder  at  thi»e  gentlemen  of  the  king's  coun* 

•di  4iat  will  me&le  with  the  gOTemment,  and 

say  the  gDvemment  is  oonoemed  m  this;  I 

sjifeal  teany  man  if  thece  ha:  any  more  oon- 

^am^diia^  I  sa^  tbi?,  httevca»»isMiMiioa 


hall  caUed,  gvound^  n^n  custom  ia  the  fii^ 
of  liOndon,  and  here  is  a  single  question,.  Wha^ 
ther  these  sheriffs  did  any  more  thsia  theiv 
duty;  whether  they  were  guilty,  of  a  riot  in 
continuing  this  poll  ?  Gentlemen,  this  is  the 
method  we  shall  take.  First  of  all,  it  is  not 
proved,  that  ever  the  lord  mayor,  before  this 
time,  did  ever  attempt  to  adjourn  a  eommoa 
hall  to  any  certain  time ;  all  the  witnesses  that 
were  called,  that  preleiMl  to  be  knowing  ia  the 
customs  of  London,  the  common  seijeant  him-* 
self,  he  does  not  pretend  that  it  was  a^l^ouroed 
to  a  day. 

Serj.  Jeff.  You  mistake.  1^  Kobert  Cky«. 
ton  did  from  Saturday  to  Monday. 

X.  C  /.  What  need  if  there  had  been  no 
precedent  P  If  so  be  an  assembly  of  peopie  aie 
met  about  business,  and  they  cannot  make  aa 
end  of  it  ia  a  reasonable  time,  must  they  be 
kept  all  nig^t  tiU  they  have  P  What  argummt 
will  you  make  of  it  P  If  a  man  aiay  vatt  aad 
dissolve,  do  you  think  if  there  beoocasion,  but^ 
by  the  law  itself,  that  he  may  anj^ium  to  a  oon« 
venient  hour  P 

Mr.  Williams.  ThatwUl be a<|uestion between 
us.  My  lord,  what  I  say  certainly  offset  car** 
ries  aoaMething  in  it. 

X.  C.  J.  NotatsU. 

Mr.  Williams.  Then,  my  k>rd,  I  havedooa. 

X.  C.  J.  Give  us  leave  to  underslandaoma- 
thiri^,Sir. 

Sir  Jr.  Winn,  MyJ^rd,  by  your  loedshif^a 
fitvoar 

X.  C.  J.  I  spuketo  Mr.  WiSiaaH,  aMl  h& 
takes  it  so  heinously  at  my  hand  that  fiuts  sig-> 
nify  nothing ;  I  do  again  say  it,  the  hakmffn* 
fies  nothing.  For  I  tell  youagssa  aalaw,  it  is 
pot  denied  the  lord  mayor  may  call,  he  maji 
diasolve ;  then,  I  say,  by  law  withput  faot, 
by  custom,  he  tha^  can  bodi-  call  and  dissaiiio, 
may  adjourn  to  a  oonvenient  tima»  Aoast 
ju&es  of  assize  of  aljl  the  counties  off  fiv-^ 
land  do  it,  when  a  cause  appointed  to  oe 
tried  in  such  a  county  such  a  day,  and  it  may 
be  it  is  tried  three  days  after  P  And  ysS  I  nay 
find  me  the  statute  or  commission,  or  find  ma 
one  thing  or  another,  hestdesthe  very  law  itself 
that  doth  give  theca  leave  to  lyl^oani  finom  tiiM 
to  time. 

Mr.  WilUami.  My  lord,  diere  is  a  mighty 
di^-ence,biitIamQidyupoAfiu:ft;  these  ge»^ 
tiemea  will  moee  it  was  never  praettsed.heibiii 
sir  Robert  Cbylon's  time  ;  what  the  oons&^ 
quence  in  law  will  be,  that  is  in  your  lordships 
breast ;  I amaow speaking  ufOft  tbe  evidence 
that  this  hath  not  been  piaotised.  What  the 
law  is,  for  that  we  are  to.  have  Your  ^udgmenti 
whieh  I  humbly  crave,  I  will  be  judged  by 
gentlemen  that  are  my  senion,  and  better  read 
m  this  nkatter  ;  but,  mf  lord,  a  man  may  havia 
a  power  of  calling  or  dissolving,  and  notof  ad« 
joumin^  •  it  may  be  so.  But,  my  lord,  ad*( 
mitting  it  to  be  so  for  this  time ;  yet,  my  lord| 
whether  we  era  guilty  of  a  riot,  ^ike  the  ciiu 
cumstances  «f  our  case.  Whether  the  right  of 
a^^Quraiiig  heia  diftsheriflh,yea,  or  nay,  itisa 
question  of  right,  and  I  had  irather  apply  my« 


967]    STAT£  TRIALS,  35  Charles  IL  i68S.— Tm/ o/Tkemas  Pilkingten    l^G^ 


ietf  to  your  knrdsbip,  than  to  tiie  jiinr.  If 
there  were  a  qtiestion  ot'iight  between  tne  lord 
mayor  and  the  sherifis,  itmay  be  admitted  by 
rnir  counsel,  that  it  was  his  ri^ht  to  adjourn 
the  court,  and  probably  the  bheriffs  might  be  in 
the  wrong,  ana  the  lord  mayor  in  the  right, 
l^he  lord  mayor  adjourns  the  court,  apd  they 
continue  it ;  they  go  on  with  the  poll,  aod  go 
on  with  the  execution  of  their  office,  as  they 
apprehended  ;  if  they  were  still  for  their  right, 
1  hope  your  lordship  will  not  make  this  a  riot.* 
My  lora,  for-  the  circumstances  that  followed, 
the  noise  that  was  mode,  which  I  do  not  love 
to  mention ;  if,  I  say,  they  were  guilty  of  this,  1 
am  silent ;  but  if  they  did  no  more,  as  I  hear  no 
more  proved  upon  them  than  continuing  the 
poll,  then,  I  say,  it  will  be  hard  to  make  them 
gaWty  of  the  riot.  And  another  thing  is  this ; 
my  lord,  we  all  know,  if-  there  were  a  thousand 
«leotors,  any  man  knows,  that  when  there  is  a 
question  upon  an  election,  it  is  impossible  such 
» thing  shidl  be, carried  on  but  there  will  be  re- 
Tilijig)  ill  UuBguage,  and  the  like  ;  and  to  turn 
all  these  things  to  a  riot,  a  thing  so  common 
IW)m  the  be^nningofelections  to  this  time,  if 
Iheiebe  a  division' and  polling,  there  will  be 
something  you  may  torn  to  a  not.  But,  I  say 
this,  they  have  not  instanced  in  any  one  de- 
^^ndant,  that  he  was  guilty  of  any  one  parti- 
cydar  act  that  amounted  to  a  riot  in  itself,  they 
have  not  instanced  in  one.  They  say  of  alder- 
man.Comish,  that  he  was  of  the  same  opinion 
with  the  shenib,  that  they  did  insist  upon  the 
rights  of  the  city,  he  iopk  it  to  be  the  right  of 
tl^  sherifis ;  '  And,'  says  one  of  them,  *  1  will 
stead  (TOon  it.  Bethel  that  had  been  ^eriff.  Now 
we  .will  call  oot  witnesses,  we  will  proye  what 
faath  been  the  constant  practice  in  the  city, 
we  will  prore  the  methods  of  a^onmment; 
«ad#  my  lorii,  this  is  to  be  said,  which 
ymir  lordship,  wilf  observe,  that  the  sheriff 
•iboiinied  the  court 'to  the  very  same  time 
wnh  my  lord  mayor  ;  so  that  it  was  no  more 
than  to  bring  ]die  matter  to  an  issue  in  this  case. 
.  SirjJPlr.  Winn.  Spare  me-a  word  in  this  case, 
Isy.  lord.  .  There  is  no  evidence  produced 
against  Treiichard,  nor  against  Jekyl  the 
younger,,  nor  agamst  Bifield,  nor  Of 

these  there  is  no  question,  but  th^  are  as  if 
$kij  were  out  of  the  information  ;  I  must  beg 
leaye  for  a  woid  or  two  ias  to  those  defendants, 
that  .they  have  olGsred  some  etidence  against. 
The  question  is  now;before  your  lordship,  whe- 
ther they  are  gndty  of  a  riot  or  nor  My  lord, 
fi»r  ought  I  see,  it  will  stand  upon  a  nicety  of 
Nidgment;  yet,i^tllierebenot  matter  enough, 
geimemen,  to  make  the  defendants  guilty  d'a 

)  *  *^  Itisaaoddkmdofprooeedmgthatmen 
should  be  found  guilty  of  a.riot  when  they  met 
about  a  lawful  affair,  vis.  chusing  th^  officers, 
and  were  employed  only  therem,  and  when  even 
the  matter  of  ru^ht  is  yet  undecided  whether 
the  lord  mayor  have  such  an  aihitraiy  power 
t^rer  the  common  haU  as  is  pretended.^  Nar- 
^ns  Luttrall'sliS.  INcfHiBlmcalRditioD, 


riot,  then  it  will  ckiair  the  defendants.  My  lord, 
as  to  those  words,  that  really,  were  words  tlmt 
ought  to  be  inquired  into,  who  they  were  that 
spoke  them  in  relation  to  his  majesty  ;  1  think 
it  was  a  very  ill  thing  of  those  men  that  saw 
tlicm,  that  they  would  not  neglect  all  manner 
of  bu^ness  to  seize  them,  I  think  it  was  a  duty 
to  fix  upon  tliem ;  but,  my  lord,  there  is  no  evi  - 
dence  to  pot  it  upon  any  of  the  defendants.  My 
lord,  tliat  being  pared  off,  now  the  question  is, 
that  the  meeting  together  was  lawful,  that  is 
agreed  ;  then  -  when  they  came  together,  my 
lord.  I  do  diink,  that  if  we  do  re^  upon  the 
evidence,  it  will  be  a  mighty  hard  thing  to  make 
this  a  riot ;  setting  aside  those  villainous  words 
that  were  spoken,  which  cannot  rdate  to  the 
defendants.  Suppose,  my  lord,  that  among  tb^ 
electors  the  whole  common  hall  of  the  dty, 
there  doth  a  dispute  arise,  before  the  dection 
is  over,  concerning  the  adjournment  of  the 
sherifis  or  the  lord  mayor  ;  some  men  are  of 
one  opinion,  some  are  of  another ;  and  thw 
evidence,  Mr.  Peter  King  and  another,  at- 
torneys, I  asked  the  question  several  times, 
'  Did  the  lord  mayor  or  London  ever  interpose 
or  concern  himself  in  adjourning  the  hall,  till 
the  election  was  quite  finished?*  And  they 
said,  *  No.'  Then,  my  lord,  I  must  say  it  as 
to  these  particular  defendants,  in  such  a  con- 
course or  people  as  were  met  Uiere,  it  is  as  slen- 
der a  proof  of  a  not  as  ever  was,  and  intimates 
that  the  citizens  of  London,  they  that  happen 
not  to  be  the  greater  number,,  they  that  lose  the 
election,  may  be  found  enilty  of  a  riot  in  chus- 
ing othercfl&ers,  as  w^  as  in  the  business  of 
sheriffs  ;  which  being  so  tender  a  point,  I 
think  it  will  be  a  very  severe  exposition,  my 
lord,  to  make  this  a  riot.  But  now  for  the  mat- 
ter: we  will  call  to  your  lordship^  several  wit- 
nesses, men  that  have  been  magistrates  in  the 
city,  that  it  vras  always  looked  upon,  that  my 
lora  mayor,  as  he  is  the  principal  magistrate,  he 
gives  notice  for  common  halb  ;  and  when  the 
several  electors  are  met,  and  the  business  is 
over,  he  directs  them  to  go  home,  and  dissolves 
them  ;  but  my  lord  mayor  meddles  not  in  every 
little  administration  of  the  election  of  officers, 
but  leaves  them  to  inferior  officers,  the  sheriflfs 
and  others  that  is  their  duty  ;  my  lord,  with 
submission  they  poll  them,  and  send  them  honie 
during  ^e  election,  therefore  by  law  they  do^ 
this ;  fer,  my  lord,  the  custom  of  a  city,  and  the 
custom  of  a  place,  is  the  law  of  the  place ;  atid 
if  the  custom  of  the  pUice  had  been,  that  the 
sherifis  have  been  the  persons  that  have  ma- 
naged it,  is  their  rig^t ;  but  their  common  Ser- 
jeant he  says  be  hath  the  sole  management  of 
it ;  then  ii  it  be  as  Mr.  Common  Seijeant  says, 
if  that  must  go,  upon  my  word,  gendemen, 
your  privilqies  are  reduced'  to  a  mile  com- 
passi— ^ 

JL  C.  J.  They  did  confer  with  one  another 
who  they  took  to  have  the  most  voices,  and  so 
reported  it;  notthathe  did  claim  any  tiling  in 
his  own  riffht,  hot  as  an  officer  or  the  cityb 
Nowit  is  main,  and  I  thmfc  there  is  no  ineon- 
yeaicB^  Mb  upon  it,  if  an  offioaraoqaaiaiB 


469T      STATETRlAia^  B5  CirAaLEr tl..  \€^B.^Mwd  i>thtT$Jw  a  mu.  ■' 

out  of  the  hail  tbroogh  the  crawd,  aod 
pulsed,  the  crowd  wan  so  great  1  ooold  not  g«t 
throagfa,  but  was  fain  to  retire  iwck  again  to 
the  hustings,  as  I  remember,  two  or  three' 
times .  There  mi^ht  be  some  such  discourse  as 
Mr.  Common  Serteant  hath  said ;  butthasiar 
I  can  remember,  that  I  did  both  myself,  and  the 
common  serieatat,  signify  -to  them  the  businesa 
I  was  about,  and  so  many  aldermen  as  made  up 
a  bench,  together,  with  Mr.  Recorder,  to 
manage  that  business,  must  go  ;  and  tiiat  I 
would  leare  the  sherifis  to  manage  the  poHi 
which  I  thought  was  their  duty. 

Mr.  Thompson*  Did  you  take  it  to  bethar 
right  ? 

Sir  R.  Clayton.  I  did  not  apprehend  it  to  ba 
my  right  th<ii.  > 

Mr.  TAosipfon.  And  therefore  you  left  it  tr 
the  sherifis  as  their  right  ? 

Sir  Jt  Clayton.  I  leit  it  to  the  aherift  ta 
maiMge  the  same. 

Mr.  WiUiama,  Sir  Robert  Chyton,  I  sop^ 
pose  when  you  were  lord  mayor,  you.Were  aa 
much  for  the  honour  of  the  chair  as  any^  maa^ 
yottwould  not  have  q|uiUed  the  right  of  Ihe 
chair  P  <. 

Sir  R.  Clayton.  I  did  toot ;  there  was  a  trial 
of  me  in  that  case. 

Mr.  WilUams.  Now,  Sir,  for  adjounungthe 
poH  :  Did  yon  know  anfy  such  questioB,  whe- 
ther a  poll  was  to  be  adjourned  lipon  the  ele^ 
tion  of  any  sherifis  ? 

Sir  K. ,  Clayton.  There  hath  been  a  graft 
noise  about  adjournments  of  late.  That  pa^ 
was  the  most  litigioosof  jany  that  I  know  we 
have  had  before  or  since ;  that  was  adjonnied 
forsereral  days. 

Mr.  William.  Who  adjourned  that  noM  P    t 

Sir  R.  ClauUm.  The  sherifis  did  adjooni  il^ 
Ithink,  ^tliemen  ;  I  do  think  the  ahoifisdii 
adjourn  it,  I  was  not  present. 

Au.  Gen.  Sir  Robert,  don't  serve  the oonvt 
thus. 

Mr.  WilliaMis.  Don't  brow-beat  our  wit- 
nesses, gentlemen ;  I  know,  Mr.  Attome|e, 
yon  are  an  ezamjile  of  fiur  practice  :  We.  am 
examining  our  witnesses.  .^ 

Sir  JR.  Clayton.  Pray,  my  hnrd,  let  me  ex- 
plain myaelf ;  1  shall,  let  Mr,  Attorney  Gcoeral 
understand  me.  I  did  never  appear  at-Gutkb- 
haU,  ^mless  upon  the  a^eOUht  of  a  court  of  al- 
dermen ;'  I  did  never  appear  at  Guild-haD,  hot 
the  firtt  day  we  had"  comnikitidns .  here  in  this 
court  about  the. adjournment,  and  uponitfae 
hustings  about  going  about  the  business- we  i&)^ 
tended,  and  the  hall  was  very  intent  upon  jdia 
poll ;  I  twice  attempted  to  golHit,  andoonM 
not  get  out.;  wheieupoi^  we  were  lainto'aep 
quaint  the  hall,  as  weir  as.  we  CQuld  ibi^dio 
noise,  of  the  businesa  we  w^re  torgu  about, -and 
they  let  me.  go.  I  left  behind  the  sherifik  and 
the  coiimion  Serjeant  j.  how  long  they  staid,  I 
cannot teli ;  I  can  upon  my.  own  .knovrled^ 
give  no,  account  of  ihoBK  -  I^wacrnpt  consulted, 
to.the  .best  of  pj  knowledge,.  afVerwards,  nqr 
didgivil  any  particular  dis<>Qtioi|s  for  adjoqrtf- 
meut._  I^dijd /\qt4jt>:it  fwthif  ifafon  iil  didl 


nv  lacd  mayor,  according  to  the  best  of  our 
ja^;ment,  we  think  auch  a  man  hath  tlie  most 
vaices,'lfaal  does  not  give  him  a  right  for  him  to 
make  an  officer^  notat  all. 

Sir  IV.  Winn,  I  say  what  he  said  in  his  evi<* 
deace;  but  one  of  the  attorneys  swt;^,  that 
thay  have  all  equal  power ;  I  wonder  then  who 
ihotiKI  make  an  endf  of  the  business.  My  loru, 
we  will  call  to  your  lordship  ancient  citizens, 
that  bare  been  *  frequent  at  elections,  to  give 
you  an  account  that  the  sherifis  always  )uul 
the  management ;  that  mv  lord  mayor  never 
eoocemed  himself,  till  he  bad  notice  it  was  de- 
tmntn^,;  audif  that  be  so,  and  the  practice 
faaih  been  sOy  then  I  don't  see,  under  favour, 
my  lord,  how  they  will  make  tbis  a  riot ;  that 
is  the  case. 

Mr-  Tkpmptan.  Sir  Robert  Clayton,  will  you 
please  to  fell  my  lord  and  the  juirin  what 
manner  the  dection  of  sherifis  hath  been,  and 
how  the  mavors  have  usually  left  it  to  the 
sheri^  in  tnat  case  ? 

SSr  Rob.  Clayton.*  My  lord,  I  have  never 

heard  this  matter  hath  been  in  question  till  of 

Jlat^;  so  I  cannot  declare   pouch  on  my  own 

knowledge,  bow  the  truth  of  ikct  is  or  shoidd 

be ;    I  can  only  say  this,  what  the  practice 

-hath  been.    When  I  came  to  the  chair,  I  did 

^deavour  to  know  my  duty,  and  to  do  it.  The 

first  time  1  had  occasion  to  take  notice  of  this 

matter  waa  in  the  year  of  my  mayoralty  ;   1 

didthen^  according  to  custom,  summon  a  com- 

oHm-hall ;  when  I  had  summoned  it,  there 

wa^  a  person  presented  to  the  hall  I  had  drank 

to;  me  hall  did  refuse  him,  and  there  was  a 

^;reat  iioise.and  hubbub  upon  it,  and  we  found 

a  way  to  accoounodate  that  matter,  and  lefl 

diem  to  chuae  two  sherifis  for  themselves.    I 

retired  into  this  court  together  with  my  bre- 

threpi,  and  Mr.  Recorder  that  was  then  :  We 

went  iW  the  sherifis  up  to  examine  the  matter ; 

they  told  os,  that  they  could .  not  agree  .the 

thinjgf,  thore  were  lour  persons  in  nomination, 

hot  they  had  granted  a  poll.    After  this  we 

,went  do%vn  into  the  hall ;  of  that  Mr.  Common 

Serjeant  hath  given  some  account,  and  Mr. 

Seqeant  Jefieries ;  I  shall  to  the  beet  of  my 

memory  give  the  best  account  1  can  of  it :  1 

abatt  only  tell  vou  what  I  did  understand  to  be 

my  duty  s  1  <u>  not  detennine  what  the  prac- 

tioe  was,  hot  what  I  understood  to  be  my  duty. 

When  we  came  down  into  tii^  oommonhall,  to 

dedare  how  the  matter  stood,  and  that  a  poU 

was  agreed  upon  and  granted,  we  would  have 

adjourned  the  court  to.  a  longer  time ;  but  the 

people  cried  out,  to  ffo  ^o  the  poll  presently.    I 

was,  as  you  have  been  told  by  Mr.  Common 

Seijeant,  to  go  to  the  trial  of  one  Giles,  upon 

:tbe  assaasiu^qn  of  Arnold,  to  the  Old  Bfuley.f 

Idid  twice  or   thrice  attempt   to  get  down 

.    *  He  had  been  member  in  parliament  for  the 
.c|ty.4if  London,  and  in  tb^  last  parliament  of 

Cliarles  the  2nd,  mored  for  the  bdl  to  exclude 
•  all  popish  tniccessore,  and  in  particular  James, 

duke  of  York,  Se^  4  Cobb.  Pari.  Hist  1317. 
f  See  VOL  7,  p,  X.130  of  this  Colksction. 


Sfi]     STXn  TRIAL,  iSikARLB^  H.  i683^fHtf/  ofThmMi  tHOdngt^n     ^V^' 


iMtlwik  upon  it  to  ttein  mj  power :  If  I  had 
•Mh  a  power,  I  did  not  understand  it. 

Mr.  WiUiamt.  Sir  Robert,  bow  many  days 
do  you  think  that  poU  continued  ? 

Sir  R.  Clayton.  About  six  days. 

Mr.  WiUiams.  Of  thoee  six,  how  many  days 
werfe  yon  present  ?   . 

Sir  R.  Clayton*  I  did  not  understand  it  to  be 
B^dttty,  and  80  did  not  look  after  it. 

Mr.  Thompum,  Sir  R.  Clayton,  I  desire  to 
ask  you  a  question,  as  to  this  matter  yon  have 
giren  in  evidence  ;  Do  you  gire  it  to  the  best 
of  your  remembrance,  or  positively?       ^ 

•  m  A.  Clayton,  I  tpU  you,  I  speak  to  tlie 
best  of  my  remembrance  every  tning  that  I 
•ay. 

Att,  Gen,  Sir  R.  Clayton,  I  beg  your  fa- 
vour, to  the  best  of  your  remembrance  is  no 
evidence,  it  is  so  lately ;  if  you  please,  sir  Ro- 
bert, you  are  to  give  evidence  of  a  thing  about 
three  years  ago.  I  ask  you,  upon  your  oath, 
«rho  were  your  Aerifls  P 
4 .  Sir  K.  CUttfton^  Sir  Jonathan  Raymond,  and 
air  fliniOD  Levns. 

.Att,  O^  I  w«uM  ask  y«u  then  a  plain 
question,  sir  Robert,  because  you  come  in  with 
yimr  remembrance:  Did  you  give  express  di- 
rection to  the  common  Serjeant  or  the  sheriflTs 
to  adjourn,  upon  your  oath  ? 

Sir  R,  Clayton,  I  musk,  Mr.  Attorney  Ge- 
neral, by  yom  fcvour,take  in  my  remembrance. 

■  Att,  Gen.  Then  yon  are  no  evidence.  Sir 
ilobert,  did  you  give  directions  or  not,  upon 
ysvr  ««th? 

Ske  R,  Clayton,  I  canHsay  it  wasffiven. 

Att.  Gen.  Didyou,ordidyounotr 

^SirA.  Clayton.  My  lord,  I  hope  I  have 
apoke  English  in  the  case:  We  did  discourse  of 
the  adionmment  in  diis  court,  1  believe  it  was 
4iieoiR«ed  below ;  but,  as  I  said,  1  was  engaged 
to  go  to  the  Old  Bailey,  and  I  would  leave  mat 
jnatter  to-tbe  sherilb^  whose  proper  bosiness  I 
understood  it  to  be. 

•  Att.  Gen.  I  ask^  ymi,  cir  Robert,  one  of 
jdie  pteiHest  qoestkma  that  ever  was  asked ;  I 
«Bk  you,  whether  you  g«ve  the  sheriflb  or  the 
oommon  serjeant  express  order  to  a^jonm. 

Sh*  ft.  Cityum.  I  Mieve  I  did  not. 

AH.  Gen.  Di4tfae  sherifla  tell  you  they  had 

•  ngitt  then. 

Btt  R.  Clmiton.  There  wasno  dispiite  who 
had  the  right. 

Serj.  Ji^.  Sir  Robert,  (f  you  please,  I  would 
tak,  youa  fuestbn  or  two.  Do  you  remember 
tfaatthe  court  was  adjouhied  while  you  were 
there  or  not  ?  Do  you  utaderstand  the  question, 
m^ft^ibertf  Do  you  remember  the  coAimon 
Ml^aa  adioumed  while  you  ware  there  P 

1^  A.  Cbnfttfn,  Yes,  Sir,  if  you  give  me 
iMvetoekphm  myaelf,!  tferiok  die  oommon 
Iwil  was  aqioanwd;it  was  deekred ;  but  there 
iwiBMchanoise  in  the  ball,  that  the  peo^ 
«on1d  not  hearit. 

Serj.Je/.  Birtihert  IVM  a  tort  (HTdeelBY- 

'%imi  madeby  younMdf,  Yo«  diii.maka  an  ad- 

jmirmDeat;  but  the  nottowasaui^h,  tfaAt  the 

paopfe  did  Mt  ktors  Aod  if  you  remember. 


there  was  a  person  affronted  oneiif  the  sheriflli^ 
and  I  committed  him  to  custody  upon  it. 

Sir  A.  Clayton,  We  (desired  toadjoom  for 
an  hour  or  two,  that  we  might  go  and  refreab 
ourselves. 

Ser|.  Jfif,  Then  yon  remember  there  was 
an  adjournment .  I  ask  you  whether  it  was  ap« 
pointed  to  be  made  bv  you  or  the  sheriffs  P 

Sir  JR.  Clayton.  Truly  I  believe  it  was  ap- 
pointed by  me. 

Serj.  Jeff.  Sir  Robert,  by  asking  a  questioii' 
or  two,  sir  Robert,  I  know  I  shall  bring  some 
tbin^  to  your  remembranoe» 

Sir  ft.  Clayton,  My  lord,  I  don't  kndw  I 
have  given  any.  mat  occasion  of  laughter  te 
my  brethren  ;  these  adjourpmeats  have  been 
very  common  with  us,  and  I  might  agree  to  it« 
or  order  it,  or  direct  it :  but  one  of  them  I  be- 
lieve I  did,  or  two  of  them. 

Serj.  Jeff,  Sir  Robert,  I  would  only  have  % 
question  or  two  asked,  and  I  knowny  aslnig' 
a  question  or  two,  1  shall  bring  ikings  to  your 
memory,  which  1  am  sure  you  cannot  easily 
forget.  Were  there  directions  given  for  pr<»- 
ckmation  to  be  made  ibr  all  parties  to  depart  in 
the  king's  name? 

Sir  ft.  Clayton.  I  believe  there  might 

Seij.  Jeff,  The  next  question  is,  whether 
the  sberiifs  ordered  that  proclamation  to  be 
made  ffir  all  parties  to  depart  ? 

Shr  ft.  Clayton,  If  it  were  done  while  I  was 
present,  I  make  no  doubt  in  the  case  but  1  did 
direct  it^I  make  no  question  of  that. 

Serj.Jf/f:  Very  well:  Now rir  Robert  Clav- 
ton,  we  are  got  to  an  adjournment  to  a  time  by 
your  direction,  and  proclamation  by  your  di- 
rection. Now  I  will  ask  another  question, 
upon  your  oath  :  Was  not  you  in  the  commoh 
hall,  and  ffaye  order  for  an  adjournment  till 
Monday  toliowitig  ;  for  I  remember  that  day 
to  be  Saturday. 

Sir  ft.  Clayton,  Truly  I  don't  remember 
that. 

Seij.  Jeff.  You  do  not !  Sir  Robert,  you 
know  very  well  that  the  sheriffs  of  LMNton, 
when  the  lord  mayor  and  aldermen  come  back 
to  the  hustings,  the  sheriffs  sit  remote,  one  on 
the  right  hand,  and  the  other  on  the  left,  fur- 
thest from  the  lord  mayor ;  so  that  all  the  al- 
dermen sit  nearer  to  the  lord  mayor  than  the 
sheriffs  do :  Did  you  mind  that  the  sheriffa 
came  to  you  to  speak  to  you  any  thing  of  an 
a4ioumment? 

Sir  R*  Clayton,  I  never  saw  it. 

Mri  Jonet,  I  would  ask  you  a  question  or  two : 
Yon  know  this  gentlenum,  don^tyou?  [Point- 
ing to  the  common  serjeant] 

Sir  ft.  Clayton,  Yee. 

Mr.  Jones.  Did  he  attend  the  court  at  that 
time  ?— Sir  ft.  Clytm,  Yes. 

Mr.  Jonet.  Sir  Robert,'!  ask  yuu* a'nur  qnea- 
tion,  did  yon  lay  any  command  on  him  to  ad- 
journ the  hall  at  that  time,  from  Saturday  till 
Monday. 

Sir  ft.  Clayton,  Pray,  my  lord,  give  me 
leave  to  answer  Mn  Jones  in  my  own  vray. 

Wi.hna.  Myloid,  laminyoarjudgoient^ 

t 


273}        STATE  TRIALS,  35  Charlbs  II.  iSBS.-^ani  ^kiri,^  a  Rioi.       [tr% 


it  if  a  &ir  qooilioii  wiUim  his  own  recognizance 
lile^  done,  he  ought  to  antwer  powtifely ,  Yes 

Sr  it.  Clayton,  Am  BOi  I  npon  my  oath ; 
MB  Y^m  lel|  me  what  I  can  say  ? 

A.  JoMK.  Ay  or  no.  Any  honest  man 
vBoIdde  it: 

fir  JK  Winn.  All  witnesses  answer  their 
o«B  way,  don't  they  ? 

Mr.  Jones,  Let  him  answer  then  his  own  way. 

Att.  Gen.  My  lord,  yon  knew  there  is  a 
role  in  chancery,  if  it  be  a  matter  within  seyen 
jetn,  if  it  be  net  answered  poeitiyely,  it  b  no 
answer  ;  If  one  asks  a  witness  a.queBtioa  that 
hes  within  a  little  while,  if  be  wilt  not  answer 
affirmatirely,  or  negatiTely,  he  is  no 


L,C.  J,  I  can't  tdl,  Mr.  Attorney. 
Mr.  Janes.  Will  you  answer  or  no,  sir  Ro- 
bot, whether  you  commanded  the  common 
lene&Dt  to  fto  and  adjourn  the  hall  or  no? 
Sir  R.  Ctenfton,  Idon*t  remember  that  I  did. 
Hr.  JbsMS.  Then  I  oolv  ask  you  this  further 
question,  whether  Mr.  (Common  Seijeant  did 
ast  tell  you,  that  it  was  not  his  proper  bukmess 
to  do  it,  and  that  unless  you  would  lay  express 
femmands  opon  him,  and  put  the  very  words 
in  hb  mouthy  he  did  desire  to  be  excused,  and 
did  he  not  stand  there  ?    [PDinting  to  the  bar.] 
Sir  IL  Clarion.  I  have  heard,  Sir,  what  Mr. 
Cemmon  Segeant  did  say,  and  I  cannot  chai]ge 
my  memory  with  it ;  but  I  have  that  charity 
fikr  Mr.  Common  Serjeant,  to  believe  there 
vhriit  be  ^scourse  to  that  purpose. 

Sir  jPr.  Wiim.   Mr.  Love,  in  all  your  expe* 
fienee,  what  do  you  remember  ? 

Mr.  WUliamM,  How  long  have  you  known 
Geildhall  and  elections  ? 
Mr.  Lave.  I  sappose,  mv  lord^  these  gentle- 
do  not  expect  I  should  say  any  thing  that 
done  that  day ;  but,  my  lord,  all  that  I 
Me  you  expect  from  me  is^  what  I  did  ob- 
to  lie  the  practice  of  the  citj ;  to  the  best 
of  my  remembrance,  I  shall  give  you  an  ao* 
caont.  My  lord,  about  93  yeai-s  ago,  I  did  ob- 
serve the  practice  to  be  this  ;  when  I  was  called 
nto  this  cwice  of  sheriff,  I  took  it  as  a  thing  for 
granted,  that  it  was  the  sherifTs  office  to  roa- 
Bsge  the  common  hall,  that  1  did,  as  my  lord 
Mayor's  was  to  have  a  sword  borne  before  him ; 
I  have  xeeeived  it  by  tradition  from  all  before 
me,  and  my  own  experience.  My  lord,  I  re- 
aanher  when  we  came  to  chuse  sheriffs  upon 
Ifidsmnmcr  day,  after  the  lord  mayor  and  al- 
dermen had  been  there,  my  lord  mayor  said  to 
me  and  my  brother  slierifr.  Gentlemen,  look 
to  yoor  oflSoe.  We  accordingly  went  to  it,  and 
chose  two  shniffs,  one  gentleman  that  had  been 
'  to  by  my  lord  mayor,  1  think  it  was  Al- 

but    notwithstanding    that 


drinking  to  him,  we  took  no  notice  of  that  as  a 
eeremony,  he  was  put  in  nomination  among 
odbcn,  and  being  aseniw  sitting  alderman,  we 
relumed  him  ;  otherwise,  my  lord,  I  assure 
yon  I  wooM  not  have  returned  him,  notwith- 
•*TiMfing  the  drinking.  AAer  once  that  the 
kad  mayor  and  aUsrmen  withdrew  to  go  to 

VOL,  IX. 


^  'Counoil-chamber,  they  said  to  us,  now 
gentlemen,  look  to  your  office. 

Thtmptom,    What wasyoor office ? 

Loroe.  To  chuse  sherifis. 

Mr.  Thompton,  Did  my  lord  mayor  meddle 
with  the  election,  or  left  it  to  the  sheriffs .' 

Love.   Left  it  to  the  sheriffs. 

Mr.  WUiiuihs.  What  was  vonr  opinion,  Sir« 
was  it  in  the  lord  mayor  to  take  the  poll,  or  the 
sheriffs? 

Xoee.  Truly,  Sir,  I  am  not  a  competent 
judge  of  whose  right  it  was  ;  but  if  my  loni 
mayor  had  gone  awut  to  meddle  in  it,  I  should 
have  prayed  ray  lord  mayor  to  /meddle  iu  his 
own  office,  and  let  me  alone  with  mine. 

Att.  Gen.  Yes,  Mr.  Love,  }'ou  were  then 
the  tribunes  of  the  people. 

Sir  JPr.  Winn.  liere  are  some  say  the  com- 
mon Serjeant  and  the  oommou  cryer  have  a 
power,  nay,  the  whole  power  of  ordering  the 
nail  during  the  election.  Wliat  is  the  office  of 
the  common  Serjeant  there  ? 

Love.  Truly )  Sir,  I  look  upon  the  common 
Serjeant  and  the  common  cryer  as  persons  left 
to  assist  us,  because  they  could  not  put  tis  to 
the  trouble  of  crying  O  yes  ourselves  ;  and  if 
any  common  seijeant  or  common  cryer  had 
durst  to  put  a  question  without  my  direction,  I 
would  have  known  whether  be  could  or  no. 

Sir  Fr.  Winn.  Mr.  Love,  was  it  ever  dis- 
coursed to  you  when  you  was  sheriff,  or  before, 
or  nnce,  that  ever  my  lord  mayor  did  interpose 
before  the  election  was  over  ? 

Lave,  Since  I  was  dischaiged  of  being  a 
magistrate,  1  never  was  at  a  common  faaH 
since.  I  have  spent  my  money  for  the  city's 
service,  but  never  got  a  penny  by  them ;  I 
never  heard,  that  ever  the  lord  mayor,  till  these 
late  times,  interposed,  but  that  the  sheriffs  ma* 
naged  the  whole  business  of  chusing  sheriffs. 

Att.  Gen.  Mr.  Love,  I  desire  to  have  a 
word  with  you ;  you  speak  of  the  time  of  your 
reign  ;  I  would  ask  you  a  plain  question,  Was 
it  Mtbre  the  king  came  in  ? 

Love.    It  was  that  year  the  king  came  in. 
'    Att.  Gen.   Was  you  chosen  beiure  P 

Lave.    Yes,  I  was. 

Ait.  Gen.  Do  you  remember  an  act  of  par- 
liament in  1648,  then  in  force,  of  shutting  out 
my  lord  mayor  P 

Serj.  Je0ries.  I  would  ask  him  a  question 
or  two.  Hark  you,  Mr.  Love,  Let  me  ask  you 
a  question  or  two. 

Love.  Sir  George,  I  would  give  Mr.  Attor- 
ney an  ansi^er. 

L.  C.  J.  What  would  you  make  of  it?  If 
you  ask  liim  of  an  act  of  parliament,  it  is  some- 
thing. 

Att.  Gen.  You  speak  of  a  time  when  my 
lord  mayor  had  no  more  to  do  with  it  than  1 
had.  There  vras  an  ordinance  of  parliament, 
did  you  never  see  that? 

Love.  To  the  best  of  my  remembrance  I 
never  saw  it  in  my  life. 

Att.  Gen.   Nor  heard  of  such  a  thing? 

Seij.  Jeferies.  Hark  you,  Mr.  Love,  I  per- 
ceive you  would  have  disputed  with  my  lord 

T 


mayor ;  who  was  the  lord  mayor  that  you  talk 
of?— Lcive.  Sir  Thomas  Alien. 

Seij.  Jeff.  Now  1  would  desire  to  know 
whether  you  remember  the  city  before  the  king 
came  in  ?— Irf>w.  For  a  little  while. 

Serj.  Jeff.  Do  you  remember  any  thing  of 
that  custom  of  the  lord  mayor's  drinking*  to 
sheriifs;  was  net  that  used  before  the  lang 
came  in  ?-^Lovc.    A  long  time. 

Serj.  Jeff.    It  is  well  enough  ;   a  long  time. 

Mr.  WiUianu,  My  lord,  we  have  seven 
or  eight  more  to  the  same  puq>ose,  but  we  are 
satisfied  with  these  gentlemen :  We  will  prove, 
if  there  was  any  thing  like  a  riot,  we  will  prpve 
my  lord  mayor,  and  those  that  were  with  him, 
were  the  authors  of  it. 

i.  C.  J.  When  multitudes  of  people  are 
gathered  tc^ether  upon  a  lawful  occasion,  sup- 
posing that  they  had  a  right  to  be  there,  I  do 
say,  £at  in  that  case  it  would  be  much  a  miti- 
gation of  the  ^r,  so  for  this  same  riot ;  but  on 
the  other  side  you  must  know,  that  these  men 
that  do  it,  it  dotli  not  excuse  them,  for  ignarantia 
jurit  is  not  an  excuse.  It  is  true,  if  they  had 
bad  a  lawful  occasion  to  continue  to  do  it,  but 
in  truth  they  had  not,  that  will  excuse  them 
iL  ^an^o,- but  non  a  toto. 

Mr.  Hott.  My  lord,  I  beg  to  put  in  this  case ; 
there  is  a  great  deal  of  difference  where  a  per- 
son does  chim  a  right  to  himself,  and  does  an 
extravagant  action.  Now,  my  lord,  these  per- 
sons did  cUum  a  right  to  themselves  to  contmne 
the  common  hall,  and  that  it  was  not  in  my  lord 
mayor's  power  to  adjourn  it  witliout  them: 
Now,  my  lord,  they  dainied  this  ri^t,  if  they 
used  no  violence,  that  is  excusable.  If  I  should 
daim  a  right  to  another  man's  estate,  though  I 
have  no  ttUe,  and  say  I  have  a  right,  and  give  it 
out  in  speeches,  no  action  lies  against  me ;  but 
if  I  do  an  extravagant  action,  and  say  another 
man  hath  a  title,  there  lies  an  action  against  me. 

L.  C.  J.    Now  eo  to  your  fact. 

^r  Fr.  Winn.  My  lord,  put  a  point  to  ns, 
and  wc  need  not  call  more  witnesses. 

L.  C.  J.  I  don't  speak  to  hinder  you  from 
calling  your  witnesses. 

Sir  Fr.  Winn.-  I  put  this  case,  we  undertake 
to  prove,  that  it  was  always  looked  upon,  that 
it  was  the  right  of  the  sheriffs  :  suppose,  my 
lord,  upon  the  dispute  it  should  be  round,  that 
the  opinion  of  the  jury  should  be  otherwise ; 
will  tois  turn  to  an  illegal  act  P 

L.  C.  J.  C'ull  vour  witoesses. 

Mr.  Wallop.  L  beseech  your  lordship  I  may 
put  one  cose  m  this  point ;  in  a  point  of  right, 
if  they  have  a  probable  cause  to  msist  upon  it. 
Suppose  I  send  forty  men  to  a  wood,  and  take 
a  car  or  a  team,  if  tney  be  a  competent  number 
to  cut  down  wood,  if  we  are  mistaken  in  the 
title,  that  is  no  riot.    Lambert  puts  the  case. 

X.  C  J.  But  what  if  i  had  sent  a  great  many 
men  to  cut  down  the  whole  wood  i* 

Mr.  Williams.  We  will  oaU  some  witnesses 
that  will  take  us  off  from  the  riot  thus,  if  so 
be  We  can  excuse  ourselves  of  the  disorder,  and 
put  it  upon  my  lord  mayor,  then  wc  are  in- 
neoeot. 


Sss^Trial  of  TkmM  PilkbigUm     [5276 

L.  C.  J,  Very  well,  if  you  do  that 

Mr.  ■  Mr.  SiUey,  are  you  aoauaipteit 

with  the  manner  of  the  election  of  slierifis  T 
How  long  have  you  known  it  ? 

SibUy.  I  have  been  of  the  livery  ever  suic0 
1639  ;  in  all  my  tirne^  I  speak,  geotlemen,  to 
the  b^  of  my  remembrance,  it  mith  been  th« 
custom  in  all  my  time,  except  here  of  late,  tbac 
the  sheriffs  of  London  have  had  the  manage- 
ment of  the  eksction. 

Mr. .  Did  my  lord  mavor  ever  inter- 
pose till  the  election  was  over  r 

Sihley.  I  never  knew  my  lord  mayor  inter* 
posetilllately. 

Sir  Fr.  Winn.  Did  you  ever  hear  my  lord 
mayor  pretend  to  it  till  of  late  P 

Sibl&u.  No,  my  lord. 

Sir  Fr.  Winn.'  Did  tlie  mayor  use  to  be  pre- 
sent at  any  election  during  the  election  f 

Sibley.  I  have  been  most  commonly  there. 

Sir  Fr.  Winn.  But  the  mayor ;  would  the 
mayor  be  there  ? 

Sibley.  The  mayor  and  aklermen  went  bflT 
the  bench. 

Sir  Fr.  Winn.  Who  managed  the  electioOB  P 

Sibley.  The  sheriffs. 

Sir  Fr.  Winn.  Were  the  common  seijeafll 
and  the  common  cryer  thei'e  ? 

Sibley.  The  common  seijeant  and  the  com- 
mon ciyer  are  always  there. 

L.  C.J.  1  pray  thus ;  you  have  known  the 
city,  it  seems,  a  great  while.  I  would  ask  yon 
this :  pray  who  did  call  the  assembly  that  was 
to  chuse  the  sherifis,  did  the  shenffs,  i/t  the 
lord  mayor? 

Sibley.  We  commonly  received  the  tickets 
by  the  officers  of  the  s^mpanies.  • 

L.  C.  J.  Did  the  officers  of  the  companies 
summon  the  assembly  ?  Hark  vou,  pray.  Sir, 
recollect  yourself;  do  you  take  it,  that  the 
offioers,  the  beadles  it  inay  be,  of  the  spv«ral 
companies,  did  they  summon  the  livery-roen, 
and  so  a  common  hall  was  called  together ; 
was  it  80  in  your  time  ? 

Sibley.  It  hath  been  commonly  so ;  we 
have  received  tickets  from  the  beadle  of  the 
company. 

L.  C.  J.  And  my  lord  mayor  had  nothing  to 
do  with  it  then  P 

Sibley.  What  order  the  masters  and  wardens 
had  from  my  lord  mayor,  I  never  ini|ohel 
into  that. 

X.  C.  J.  When  the  hall  was  dissolved,  who 
ordered  proclamation  to  be  made,  the  sherifls 
or  the  lord  mayor  P 

Sibley.  My  lord  ma3ror  hath  not  used  to  be 
there. 

Mr.  Thomptoti.  When  they  had  done,  they 
went  BM  av.    He  won't  trouiHe  your  lordship.  > 

L.  C.  J.  Pray,  had  ray  lord  any  hand  in 
summoning  ;  did  he  direet  the  summoning  tf 
them  ^-'Siblev.  It  i&  more  than  I  know. 

L.  C.  J.  You  brii^  a  witness  that  knows 
nothing  of  the  matter. 

Serj.  Jefferies.  Mr.  Deputy  Sibley.  Give 
me  leave  to  ask  Mr.  Sibley  a  qnestion  or  two  t 
I  shall  set  him  to-rights  presently.  Mr.SiUeyi 


9T7)       STATB  TRIALS,  35  Charles  II.  l683.--MNf  ^iheriifm- «  At#f.       [270 


iff  be  Bot  mntaken,  iron  are  one  of  the  com- 
paojr  of  tBAow-cliaiidlen,  and  you  have  been 
■nster  of  the  company,  and  yoa  hare  been 
warden  of  the  ooynpany.  Yon  ?ery  well  know 
what  directions  are  given  to  the  beadle  are  j|^e- 
nendly  hj  the  master  or  wardens :  pray,  upon 
yoDT  ooth,  when  you  were  master  or  wanlen, 
was  there  erer  auv  precept  sent  to  you  to 
snmmoD  a  common  nail  ? 

Sibley.  Indeed  I  don't  remember  that,  Sin 

Mr.  Thompson.  If  your  lordship  nlease,  we 
hare  done  with  our  evidence ;  I  woulu  beg  your 
lonMup's  opinion  in  it. 

%  Pr.  Winn.  We  do  admit  my  lord  mayor 
flomnionsthe  court. 

X.  C.  J.  But  you  bring  a  witness  that  fpiiows 
nothing  in  the  world  of  it,  but  yet  you  would 
have  it  taken  for  gospel,  that  the  sherifTs  had 
aO  the  management  before  that  time  forty 
years  together,  till  now  very  lately.  But 
when  he  comes  to  be  asked,  now  is  this  as  • 
aembly  or  common  hall  called  together,  alas ! 
he  knows  no  more  of  that  than  one  in  Utopia. 

Mr.  Thompton.  My  lord,  we  have  several 
other  witnesses,  but  we  will  call  no  more. 

AttJ  Gen.  If  you  have  no  more,  we  will  call 
two  or  three  more. 

BIr.  T%ompton.  We  have  some  to  prove,  that 
my  lord  Grey  came  to  speak  with  sir  William 
Goktoti,  and  went  away  again  ;  and  we  desire 
to  call  sir  Thomas  Armstrong. 

Sir  ¥r,  Winn.  My  lord,  if  }'Our  lordship 
pleases,  thus,  there  will  be  it  seems  some  par- 
ticular defences  made.  Your  lordship  hath 
heard  their  evidence,  and  what  we  have  said  ; 
we  desire  to  call  two  or  three  witnesses  to  ano- 
dier  bead.  Your  lordship  hath  heard  there 
was  some  rudeness  by  some  of  the  people,  but 
who  they  were  it  doth  not  appear.  We  will 
can  two  or  three  witnesses  of  tne  behaviour  of 
those  men  and  company  that  came  with  my 
hiffd mayor;  that wnatsoever  disturbance  was 
made,  they  were  the  chief  men  that  made  the 
disturbance,  and  my  lord  mayor  could  not 
help  it,  nor  we  neither. 

jL  C.  J.  Sir  Francis,  I  believe  those  men 
Aat  would  not  have  God  save  the  king,  my 
kud  mayor  could  not  hinder  them ;  but  will 
you  undertake  to  prove,  that  those  that  came 
with  niy  lord  mayor,  that  they  were  the  men  ? 

Sir  fr.  Winn.  They  were  with  them,  my 
kxrd. 

Seij.  Jej^.  They  were  with  them  that  cried, 
'  God  bless  the  Protestant  sheriffs.' 

Slley.  My  lord,  I  desire  to  explain  myself 
to  what  I  said  ;  it  is  several  years  ago  since  I 
was  master  of  the  company  ;  I  &>  not  re- 
member, but  I  belieye  the  summons  was  di- 
rected from  my  lord  mayor. 

Mr.  Freak.  Mr.  Winstanley,  what  account 
ciDyou  give  to  my  lord  and  the  jury  ? 

wuulanley.  I  have  lived  near  the  hall,  ai^d 
I  often  came  in,  but  I  was  not  a  liveryman 
upoD  that  poll  that  was  between  Mr.  Kifien  and 
sir  Robert  Clayton ;  the  sheriffii  managed  it. 

Mr.  Freak.  Who  managed  it? 

Wintt.  Tb«alieri&. 


I^Ir.  Freak.  Who  decfaund  ? 

Winst.  Thesheriifii.  ^  • 

Mr.  Freak.  Did  the  mayor  come  down  to 
declare  the  election  P 

Winit.  The  mayor  came  down  after  the' 
poll,  but  tha  sheriils  took  the  poll. 

Mr.  Freak.  Who  was  then  mayor  ? 

Winit.  Sir  James  Edwards  was  sheriff,  and 
sir  John  Smith. 

Mr.  Freak.  Who  was  mayor  ? 

Serj.  Jeff.  It  was  sir  Samuel  Starling. 

Mr.  Freak.  Who  put  the  Question  upon  tha 
hustings?— m'i«^  I  can't  tell. 

Mr.  Freak.  What  did  you  hear  the  sherifis 
say,  or  see  them  do  ? 

Winst.  The  sheriffs  presently  ffranted  a  poH, 
and  parted  one  to  one  door,  and  the  other  to 
the  other. 

Mr.  Freak.  And  who  took  the  poll  ? 

Winst.  The  sheriffs  took  it. 

Mr.  Freak.  Who  declared  the  election  ? 

Winst.  The  sheriffs. 

Mr.  Freak.  Who  were  sheriffs  tlien  ? 

Winst.  Sir  James  Edwards,  and  sir  John 
Smith. 

Serj.  Jeffl  I  would  ask  you  this  question  : 
do. you  take  it  upon  your  oath,  that  the  sherifls 
declared  the  election  ? 

Winst..  I  decUare  upon  my  oath,  that  the 
sheriffs  took  the  poll. 

Serj.  Jeff,  You  may  guess  pretty  well  what 
I  mean  by  this.  First  of  all,  I  ask  you,  did 
the  sheriffs  put  the  question  ? 

Winst.  The  sherifis  took  the  poll.  Sir. 

Serj.  Jeff.  Nay,  answer  my  question :  did 
the  sharins  put  tlie  question,  or  did  any  body 
else? 

Winst.  Truly,  Sir,  I  have  forgot ;  you  were 
there. 

Serj.  Jeff.  I  know  I  was.  Sir:  I  know  ver^ 
well :  I  ask  you  upon  your  oath,  who  was  it 
that  decUred  the  election  afterwards,  upon 
your  oath  ? 

Winst.  Truly,  sir  George,  I  do  not  re* 
member.  * 

Serj.  Je^  Mr.  Winstanley,  one  went  out  at 
one  door,  you  say  ;  and  the  other  went  out  at 
the  other,  you  say;  now  X  say;  who  took 
notice,  and  told  the  names  of  those  that  went 
out  at  one  door  and  the  other  ? 

Winst.  The  two  sheriils. 

Serj.  Jeff.  Who  else? --Winst.  I  cannot  tell. 

Seij.  Jeff".  Do  you  remember  me  there  at 
the  great  door,  when  tliey  polled  and  went  out  ? 
Do  you  remember  who  told  them  ? 

Winst.  No,  truly. 

Serj.  Jeff.  Pray,  do  you  remember  when 
one  Mr.  Broome,  a  wax-chandler,  was  chosen 
Ale-conner  ? 

Winst.  I  was  in  the  hall ;  but  I  do  not 
charge  my  memory  with  it.  . 

Sol.  Gen.  Whoisitgrants  the  poll  when  it' 
is  demanded  ? 

Winst.  I  do  remember  very  well,  sir  Geoiga^ 
Jefferies  was  in  the  hall ;  they  demanded  a 
poll,  and  so  went  out. 

Sol.  Gen.   Who  grantedit^       ' 


3T9]  STATfi  TRIALS,  ds  CBarles  tl.  i6S3.—THal  e/7%ma$  PtOiingion    [^%i^ 


Winst,  Thet\«09lierifl^. 

Seiji.  Jeff.  I  will  put  you  a  case  nearer  home, 
Mr.  Winstantey :  You  remember  wben  sir 
Thomas  Player  was  chosen  chamberlain,  when 
"the  question  was  put  who  should  be  chamber- 
lain, between  him  and  a  gentleman  1  see  not 
iar  from  me  ;  Who,  do  you  remember,  ma- 
naaed  the  poll  then  ? 

iVinst.  There  was  no  need,  sir  George. 

X.  C.  J.  What  do  you  mean  to  do  with  these 
litte  witnesses  ?  You  call  witnesses  that  know 
A^idmig  6f  the  matter,  or  noAinsp  to  the  pur- 
pose. 

Se^.  Je^  My  lord,  let  me  ask  him  but  one 
<|,tiestton  more :  I  know  he  hath  been  a  very 
|n«at  evidence  in  this  case  ;■  I  remember  when 
tbat  gentleman  was  in  for  bridge-master  ?  Who 
was  the  poll  demanded  of  at  that  time  ? 

Winst.  Truly,  Sir,  I  think  it  was  demanded 
of  the  court. 

Serj.  Jeff,  Of  the  court? 

Wiast,  Usually  upon  other  days,  tny  lord 
mayor,  and  the  court  come  down :  But  upon 
Aliusummer  day  they  ao  up. 

Sen.  Jeff,  But  I  ask  you,  of  whom  the  poll 
was  demanded  at  tbat  time. 

Win$t,  I  donH  remember  it,  I  will  assure 
ypu- 

X.  C.  J.  You  told  us  that  point  would  be 
grantedi  and  you  would  not  stand  upon  it. 

Mr.  Williams.  My  lord,  where  there  are  so 
many  men,  there  may  be  many  minds :  I 
would  have  your  lordship  and  the  jury  hear 
them. 

Mr.  Jones,  The  government  is  conceroed, 
Hr.  Williams. 

Seij.  Jeff  This  is  not  a  matter  of  mirth  I 
Win  assure  you ;  it  reaches  the  government. 

Mr.  Williams.  My  lord  mayor  hath  the 
Dowerof  adjourning  the  hall,  but  not  till  the 
business  is  done. 

Mr.  Thompson.  My  lord,  I  would^ut  you  a 
case  [Here  Mr.  Jones  offered  to  interrupt  him.] 
Sure  Mr.  Jones,  I  ought  to  be  heard.  If  my 
.k>rd  mayor  hath  power  to  call  a  common  hall, 
he  hath  not  to  adjourn  it  before  the  business  is 
4one. 

X.  C,  J,  If  a  writ  comes  to  the  shecifXs  to 
ehuse  parliament- men,  then  thesheriils  hare  it; 
but  this  is  my  lord  mayor's  office,  he  hath 
p<2wer  to  dissolve  and  adioum. 

Mr.  Thompson.  I  speak  to  this  case,  my  lord ; 
1  will  shew  your  lordship  an  instance  where  it 
cannot  be  done.  My  lord  mayor  hath  power 
to  call  here,  and  he  hath  power  to  dissolve,  say 
thev  :  My  lord,  it  cannot  be,  with  submission, 
in  all  cases.  He  hath  power  to  ^1  an  assem- 
bly when  there  is  a  mayor  to  be  chosen  ;  and 
the  citizens  have  a  privilege  to  move  their 
mayor  or  continue  him:  Nowif  itwciein  the 
power.of  the  mayor,  and  there  should  happen 
a  question,  who  they  were?  For,  in  a  grtat 
number' of  electors,  if  it  were  in  his  power  to 
Mi^'um  from  time  to  time,  he  must  continue 
mayor. 

X.  C.  I,  It  is  jtlain  he  may  do  it  for  all  vour 
•bjection.  Yookoow  it  tvas  agreed  by  all  sides 


that  sir  Samu^  Stalling,  the  lord  mayor,  had 
ivell  dissolved  tlie  assembly,  that  is,  in  point 
of  law,  and  they  could  not  say  the  assembly  was 
in  being  ;  yet  afterwards  there  was  an  actioo 
brought  against  him  ;  and  there  they  laid,  how 
that  maHciously,  and  to  the  intent  that  he  who 
was  chosen  into  the  place  of  Brt(tee*master,  to 
which  he  was  duly  elected,  shouldbe  set  spride, 
he  goes  and  dissolves  the  assembly,  and  deniel 
to  grant  him  a  poll,  which  they  ought  to  have 
had ;  yet  for  all  that  the  asBemUy  was  well  dis* 
solved. 

Serj.Je^  Conclude,  gentlemen,  condnde. 

Mr.  Thompson.  That  which  I  have  to  say  is 
a  point  of  law. 

Seij.  Jeff  Sir  Fr.  Winnington,  if  you  design 
to  conclude,  I  tell  you  beforehand,  1  would  not 
interrupt  you ;  x^e  will  call  a  witness  or  two. 

Sir /v.  Winn.  My 'lord,  because  we  would 
make  an  end,  I  will  call  two  of  those  men  that 
came  with  my  lord  mayor,  to  shew  that  if  there 
was  any  I'udeness,  those  very  people  that  came 
^vith  my  lord  mayor,  were  the  cause  of  it. 

Sol.  Gen,  That  they  that  came  with  my  lord 
mayor  caused  them  to  stay  after  my  lord  was 
gone? 

Mr.  Thompson.  Mr.  Jackson,  pray  can  you 
remember,  whether  any  of  the  defendants 
here  were  concerned  in  any  aflh)nt  to  my  lord 
mayor,  or  who  it  was  that  my  lord  mayor 
received  an  affront  from. 

Jackson.  I  did  observe,  my  lord,  as  he  went 
ontof  the  hall,  I  took  my  back  and  set  it  against 
the  crowd,  and  had  my  face  towards  my  lord 
mayor ;  and  I  was  crowded  so,  that  I  could 
scarce  spe  myself  one  way  or  other,  but  got  off 
the  steps  at  last,  and  went  home  with  my  loitl 
m^or. 

Mr.  Thompson.  Can  you  say  who  struck  off 
the  hat? 

Sol.  Gen,  Where  do  you  live,  pmy  ? 

Jackson.  I  live  at  Charing-ci'oss.     • 

Sol.  Gen.  With  whom? 

Jackson.  With  myself.  Sir. 

Sir.  Pr.  Winn.  What  is  your  name? 

Serj.  Jeff,  Don't  you  know  the  sword-bearar 
of  BristoCsu*  Francis? 

Mr.  ThoTiq>son,  Mr.  Roe,  were  you  her« 
when  my  lonl  mayor  was  crowded  ?  Who  of- 
fered any  affront? 

Mr.  Williams.  Pray  will  you  give  my  lord 
and  the  jury  an  account  of  what  you  beard, 
and  wYiete  the  disorder  be^n  ? 

Roe.  My  lord.  I  was  in  Cheapside,  and  I 
heard  a  ffreat  noise  of  huzzaing,  and  a  terribls 
ttoise  indeed  ;  and  I  met  with  a  fellow  rtmliii^, 
my  lord,  and  I  stopt  the  fellow:  What  is  tbs 
matter.  Nothing,  said  he,  but  an  old  fellow 
riding  skimmington  and  skeleton ;  and  in  ths 
street  I  saw  a  matter  of  a  hundred  with  their 
bats  upon  sticks,  crying,  damn  the  Whigs ; 
said  I,  <  Gentlemen,  what's  the  matter?'  said 
they,  <  The  work  is  done  to  stop  the  poll ;'  and 
that  is  all. 

L.  C.  J.    Hark  you,  were  you  in  Guildhall  f 
Roe.  I  followed  them  a  little  way  down  the 
street 


«1] 


STATE  TRIALS,  35  Cfl A»L«f  II.  l6ea.-wwl  Mors,  fir  m  KM.       [ttf 


L.  C.  J.  Hftfk  you,  did  you  sec  Ay  lord 
nayor's  luUdown  upon  the  ffronnd  ;  and  was 
he  like  tobe  thrown  down ;  did  you  see  tfiat  ? 

Roe.  No,  I  saw  nothing  of  that ;  I  heard 
such  a  noise,  1  was  glad  I  ^rid  of  them. 

Mr.  WUUams.  9^  lord,  we  have  no  more  to 
say  in  the  ffeneral ;  all  that  I  have  to  say  now 
is  for  my  lord  Grey.  The  evidence  afifainst 
my  tord'C^rev,  was,  that  he  was  here  :  Now, 
m^  lord,  we  nave  witnesses  more  particularly  to 
daend  my  lord  Orey . 

Au.  Gen.  We  snaU  call  a  witness  or  two  to 
dear  what  that  gentleman  said  when  sir  Ro- 
bert Clayton  was  mayor. 

Seij.  Jeffl  Piiiy,  gentlernen,  Yet  us  have  a 
Gttie  patience.  Pray,  my  lord,  if  your  lordship 
please — Here  is  such  a  horrid  noise — Upon  all 
the  matter,  I  don't  perceive,  but  sir  Robert 
daytoa  does  himself  believe  proclamation  was 
male  by  him ;  he  does  believe  the  adjournment 
was  made  by  him ;  but  as  to  thea^joumment  to 
Monday,  he  is  not  certain  of  that.  But  if 
your  lordship  pleases,  we  have  here  both  the 
sheriffe,  sir  Jonathan  Rajrmond,  and  sir  Simon 
Lewis,  that  will  shew  the  oonrt'wheiher  tliere 
was  any  such  thing'. 

Ati'Gen,  Bemre  Bethel  came  out  of  the 
North,  no  sheriff  ever  pretended  to  it. 

Sag.  jejf.  Pray,  sir  Simon  Lewis.  I  de- 
sire you  would  satisfy  iny  lord  and  the  jury 
coDoeming  the  adjournment  when  you  went  to 
the  sessions  house  in  the  Old  Bailey :  Did  you 
order  the  adjournment  of  the  poll,  or  my  lord 
mayor? 

mr  Simon  Levois.  We  came  and  waited  upon 
my  lord  mayor  here,  and  told  him  they  de- 
manded a  poilvnthout ;  we  took  his  directions 
and  my  lord  mayor  did  adjourn  the  court,  by. 
reason-that  the  assassinators  of  Arnold  were 
to  be  tried  ;  and  by  reason  of  that  it  was  ad- 
journed tin  Monday,  and  my  lord  mayor  and 
the  aldermen  went  thitlier ;  but  indeed  we 
were  left  as  prisoners,  and  I  received  a  blow 
on  my  breast. 

Att,  Gen.  Sir  Jonathan  Rajrmond,  did  you 
pretend  to  have  the  power  then  of  adjourning 
the  court  ? 

Sir  Jan.  Raymond.  My  lord  did  adjourn  the 
oonrt  because  of  that  trial,  and  then  after- 
wards we  went  upon  the  poU  ;  we  were  seve- 
ral days  upon  it :  We  only  appointed  from  day 
to  day  till  we  had  made  an  end  ;  and  when  we 
bad  made  an  end,  wc  declared  it  to  my  lord 
mayor  and.  the  court  of  aldermen  ;  anu  my 
lora  mayor  and  the  'court  of  aldenaen  came 
upon  the  huntings,'  and  declared  who  it  fell 
upon. 

Alt.  Gen.  Sir  James  Smith,  when  you 
weresherid!^  did  you  pretend  to  have  any  such 
power.? 

Seg.  Jeff]  Upon  ywar  oath,  did  you  pretend 

10  have  a  power  of  adjourning  common  halls  ? 

Sir  /.  Smith.  No,  Sir ;  we  were  sheriffs  im- 

medistely  aller  sir  Robert  Clayton  ;  I  never 

iieafd  it  ooestioned  but  my  lord  mayor  had  the 

nebtof  it. 
Sir  Fr,  Winn.   Sir  Jonathan  Raymond,  I 

8 


Ank  yoQ  say  flie  sbanib  d&d  ai|iMai#«*  day 
today  at  that  tkne  ? 

tifyr  J.Raymtmd,  WcoonldiiotiiiafceancMl 
of  polling  ;  aad  we  did  appoint  fivm  day  to 
day  tifl  we  had  made  an  end  of  polling. 

Com.  Serf.  My  lord,  I  will  give  your  lordship 
an  account  of  this  whole  day's  proceedioffB: 
We  came  to  the  hall,  and  after  Mr.  Recoi&r, 
sir  George  Jeffieriesj  had  attempted  to  speak  to 
the  hall,  (fer  tbey  were  in  such  a  tumult  tbey 
would  not  suffer  him  to  spcok)  my  lord  UMf&r 
withdrew:  there  was  a  very  great  ckooour 
and  iioiae;'  bat  at  last  tm  question  was 
pot ;  and  I  came  up  with  the  sbeitfb  hither, 
and  aoquaiated  my  lord,  that  Mr.  Bol^l  «a4 
alderman  Cornish  -had  tho  nMMt  bnrib,  oM 
that  there  was  a  poll  demanded  betweoa  Mr. 
Box  and  Mr.  Nicholson,  and  Mr.  BcAd  and 
Mr.  Cornish ;  then  the  dispute  lay  as  iielweeii 
Box  and  Nicholson,  and  alderman  OorMsh  and 
Mr.  Bethel:  I  acquainted  my  lord  mmir  that 
was,  sir  Robert  Clayton,  that  Mr.  Reoordor 
said  ho  would  not  go  down  to  make  do^doratioD, 
they  would  not  hear  him :  upon  that  sir  Ro* 
hart  Clayton  took  a  panor  and  gare  it  to  me, 
with  these  very  words :  [It  is  the  greatest 
tumult  I  was  ever  in  all  my  lite,  and  I  have 
some  reason  to  remember  it. J    IVy'thee,  says 


ne,  do  yon  make  doolaratioB  to  them;  for 'if 
they  will  hear  any  body,  they  will  hear  thee ; 
Sir,  says  1,  because  it  is  not  the  duty  of  my 
offioe,  1  desire  your  particular  direction :  then, 
says  be,  toll  them  I  must  adjourn  it  tiU  Mon- 
day, because  1  most  go  to  tlie  Old  Bailey,  to 
tiy  the  assassinates  of  Arnold :  whereupon  the 

'  hall  was  adfonmed,  and  in  a  great  tumnlt,  and 
my  lord  mayor  attempting  to  go^  out,  he  waa 
benit  back  twice  or  three  times ;  he  spake 
something  to  them,  and  they  went  away,  leav* 
ing  me  and  the  sheriflb  upon  the  hustings,  and 
there  tbey  kept  us  prisoners  till  six  or  seven 
o'clock  at  night.  On  Monday,  when  we  came 
to  poll  again  by  his  direction,  I  went  to  hia 

,  house,  and  he  gave  me  direction  to  go  with  the 
sherilis  to  adjourn  it :  afterwards  there  was  a 
court  of  aldermen  purposely  called,  and,  upon 
their  direction,  I  took 'the  poll  and  kept  it,  and 
every  adjournment  was  made  by  his  particular 
direction  to  me. 

Sir  Robert  Clayton.  Gentlemen,  I  do  desire 
1  may  explain  myself,  because  I  was  imper- 
lectly  heard :  some  pert  of  the  story  that  Mr. 
Common  Serjeant  does  say,  I  do  remember, 
and  will  tell  you  what  I  do  remember  of  it.  I 
remember  the  coming  up,  and!  remember, 
Aat  Mr.  Recorder  was  uot  willing  to  go  down, 
there  was  such  a  hubbub;  I  remember  that 
very  well.  The  particular  words  I  said  to 
him,  1  cannot  charge  niy  memory  with ;  we 
had  discoursed.  I  remember  the  adjournment, 
and  we  discoursed  of  the  adjoi^mment  below; 
we  made  proclamation,  but  the  noise  was  so 
great  they  could  not  hear ;  and  upon  my  at- 
tempting to  go  out,  I  was  beaten  back  twice  or 
thrice,  and  then  we  were  fain  to  let  them  know 
the  business  we  ^vent  about  as  well  as  we 
could,  and  then  tbey  let  me  go,  and  1  left  the 


983}    STATE  TRIALS,  35  Chablbs  fL  i6BB.—TryilofTkama8 


im    [^M 


■herifik  Willi  tbem  to  iffree  of  the  maimer  and 
methods  of  polling.  There  were  several  ad- 
joumroents  madeulerwards ;  I  cannot  charge 
myself  with  it :  I  might  be^  particularly  con- 
sulted ;  butfor;the  particular  times  of  adjourn- 
ment, I  did  not  think  myself  concerned  in 
C>int  of  reputation  ;  if  1  thought  I  had  been 
ameable,  I  should  have  concerned  myself  to 
hare  giren  more  particular  directions. 

Mr.  Thompton,  If.  your  lordship  please,  I 
have  but  tins ;  admitting  the  right  to  be  in  the 
lord  mayor 

L.  C.  J.  Do  you  make  a  doubt  of  it  now  ? 

Mr.  Thompton,  Admitting  it,  those  gentle- 
men that  came  to  continue  the  poll,  it  is  a 
question  whether  they  can  be  guilty  of  the  riot 
or  not. 

Mr.  W •    There  are  some  itkree  or  four 

of  the  defendants  that  have  a  particular  case ; 
that  stands  fay  themselves ;  and  it  rests  upon 
this  point,  Whether  my  lord  mayor  hath  this 
power  or  not  ?  For  so  much  of  the  evidence  as 
concerns  any  noise  or  hissing,  or  any  thing  of 
that,  that  relates  to  the  time  of  adioumment ; 
for  it  was  done  at  the  time  of  the  adjournment. 
As  for  Mr.  Cornish,  Mr.  Goodenoueh,  my  lord 
Grey,  and  one  or  two  more,  they  did  not  come 
till  within  some  three  hours  after  that,  so  that 
they  cannot  be  engaged  in  the  noise,  or  that. 

X.  C.  J.  It  is  no .  matter,  Uiey  came  time 
enough. 

Mr.  WiUiamt.  We  have  done,  my  lord,  with 
(he  fi;eneral  evidenoe ;  we  have  something  to 
say  m  defence  of  my  lord  Grey ;  all  the  evi- 
dence against  my  lord  Grey  is  this,  that  be 
was  here  about  seven  o'clock  at  night  For 
that,  gentlemen,  we  say  this;  that  my  lord 
Grey  nad  some  business  here,  and  my  lord's 
business  was  this;  my  lord  Grey  was  here 
about  the  sale  of  a  manor  in  Essex  with  sir 
William  fSulston ;  mv*  lord,  they  had  ap« 
pointed  this  rery  day  for  that  business,  it  was 
my  lord's  interest  mightily  to  pursue  it,  and 
sur  WJHiam  happenfS  to  be.  at  sir  Thomas 
Player's,  and  knowing  this  to  be  an  election* 
day,  my  lord  dined  that  day  at  an  eating-house 
in  the  Haymarket,  and  afterwards  came  to 
Peter's  coffee-house,  in  Covent-garden,  and 
staid  there  till  between  four  and  five  o'clock 
hi  the  afternoon,  when  he  thought  the  h«it 
would  be  over;  and  then  he  came  to  make 
inquiry  after  sir  William,  and  took  up  in 
Bruen's  coffee-house  about  five  or  six  o'clock ; 
there  he  continued  quiet  in  the  house  till  all 
the  noise  was  over ;  tben  he  sent  to  inquire  for 
sir  Wm.  Gulston,  and  hearing  he  was  at  sir 
Thomas  Player's,  he  and  sir  William  went  to 
a  tavern,  and  there  they  treated,  and  finished 
the  afiair.,  My  lord,  we  will  prove  it;  call 
Mr.  Ireton. 

Ireton.  My  lord,  I  know  that  at  this  very 
time  my  lord  Grey  was  treating  with  sir  Win. 
Gulston  about  the  manor  of  Corsfield,  in  Essex, 
and  my  lord  Grey  and  sir  Wm.  Gulston  had 
appointed  to  meet  that  night  at  the  other  end 
of  thetovk'n,  if  the  poll  were  ended.  In  the 
cveuing  I  met  my  lord  Grey,  who  told  me  he 


had  been  with  sir  Wm.  Gulston  in  London,  and 
had  dispatched  the  business. 

X.  C.  J.   Did  my  lord  tell  vou  so  ? 

Lord  Grey.  He  treated  for  me,  my  lord, 
with  him. 

L,C.  J.  Pray,  for  God's -sake,  you  must 
lay  your  matter  a  little  closer  together ;  if  be 
was  to  treat  about  the  purchase  of  a  manor, 
was  there  no  convenient  place  for  company  to 
treat  about  it,